S T A T E O F N E W Y O R K
________________________________________________________________________
4719--B
2015-2016 Regular Sessions
I N A S S E M B L Y
February 5, 2015
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Introduced by M. of A. SIMOTAS -- read once and referred to the Commit-
tee on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Transportation in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law and the public health law,
in relation to driving a motor vehicle under the influence of drugs or
combined use of drugs and alcohol
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 119-c to read as follows:
S 119-C. INHALANT. THE TERM "INHALANT" WHEN USED IN THIS CHAPTER SHALL
REFER TO THE SMELLING OR INHALING OF ANY SUBSTANCE SET FORTH IN SUBDIVI-
SION ONE OF SECTION THIRTY-THREE HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW
OR THE PROHIBITED USE OF NITROUS OXIDE AS SET FORTH IN SUBDIVISION FIVE
OF SUCH SECTION, EXCEPT FOR THE INHALATION OF ANY SUCH SUBSTANCE FOR
MEDICAL OR DENTAL PURPOSES.
S 2. Subdivisions 4 and 4-a of section 1192 of the vehicle and traffic
law, subdivision 4 as added by chapter 47 of the laws of 1988 and subdi-
vision 4-a as added by chapter 732 of the laws of 2006, are amended to
read as follows:
4. Driving while ability impaired by drugs. No person shall operate a
motor vehicle while the person's ability to operate such a motor vehicle
is impaired by the use of a drug OR INHALANT as defined in this chapter,
OR IMPAIRED BY THE VOLUNTARY INGESTION OF ANY OTHER CHEMICAL, INHALANT,
PHARMACEUTICAL OR OTHER IMPAIRING SUBSTANCE OR COMBINATION OF SUBSTANCES
TO THE EXTENT THE DRIVER IS INCAPABLE OF EMPLOYING THE PHYSICAL AND
MENTAL ABILITIES WHICH HE OR SHE IS EXPECTED TO POSSESS IN ORDER TO
OPERATE A VEHICLE IN A REASONABLE AND PRUDENT MANNER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07364-05-6
A. 4719--B 2
4-a. Driving while ability impaired by the combined influence of drugs
or of alcohol and any drug or drugs. No person shall operate a motor
vehicle while the person's ability to operate such motor vehicle is
impaired by the combined influence of drugs AND/OR INHALANTS or of alco-
hol and any drug or drugs AND/OR INHALANTS OR BY THE COMBINED INFLUENCE
OF ALCOHOL OR ANY DRUG OR DRUGS AND/OR INHALANTS WITH ANY CHEMICAL,
PHARMACEUTICAL, INHALANT OR OTHER IMPAIRING SUBSTANCE OR COMBINATION OF
SUBSTANCES TO THE EXTENT THE DRIVER IS INCAPABLE OF EMPLOYING THE PHYS-
ICAL AND MENTAL ABILITIES WHICH HE OR SHE IS EXPECTED TO POSSESS IN
ORDER TO OPERATE A VEHICLE IN A REASONABLE AND PRUDENT MANNER.
S 3. Paragraph (b) of subdivision 1 of section 3380 of the public
health law, as amended by chapter 234 of the laws of 1985, is amended to
read as follows:
(b) As used in this section hazardous inhalants shall mean and include
THE HYDROCARBON DIFLUOROETHANE AND any of the preparations of compounds
containing one or more of the chemical compounds[;]: amyl nitrite, isoa-
myl nitrite, butyl nitrite, isobutyl nitrite, pentyl nitrite or any
other [akyl] ALKYL nitrite compound that is either designed to be used,
or commonly used, as an inhalant.
S 4. Section 1192 of the vehicle and traffic law is amended by adding
a new subdivision 13 to read as follows:
13. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER SUBDIVISIONS
FOUR AND FOUR-A OF THIS SECTION THAT THE OPERATOR SUFFERED AN ALLERGIC
REACTION OR MEDICAL EMERGENCY RATHER THAN BEING IMPAIRED BY THE
SUBSTANCE OR COMBINATION OF SUBSTANCES, PROVIDED, HOWEVER, THAT NO
DEFENSE SHALL BE AVAILABLE IF ANY SUCH INGESTED SUBSTANCE IS CONTAINED
IN SECTION THREE THOUSAND THREE HUNDRED SIX OR SECTION THREE THOUSAND
THREE HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW.
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.