assembly Bill A9912

2015-2016 Legislative Session

Defines the terms "impaired" and "intoxication" for the purposes of the vehicle and traffic law

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 27, 2016 referred to transportation

Co-Sponsors

A9912 (ACTIVE) - Details

See Senate Version of this Bill:
S3730
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Ren §119-b to be §119-c, add §§119-b & 120-a, amd §1192, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10917, S4777
2011-2012: A848, S600
2013-2014: A6491, S754, S7170
2017-2018: A6551, S4365
2019-2020: A7156, S377

A9912 (ACTIVE) - Summary

Defines the terms "impaired" and "intoxication" for the purposes of the vehicle and traffic law.

A9912 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9912

                          I N  A S S E M B L Y

                             April 27, 2016
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Transportation

AN  ACT  to  amend the vehicle and traffic law, in relation to the defi-
  nitions of the terms "impaired" and "intoxication" for the purposes of
  such law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 119-b of the vehicle and traffic law is renumbered
section 119-c and a new section 119-b is added to read as follows:
  S 119-B. IMPAIRED. IMPAIRMENT IS REACHED WHEN A DRIVER HAS VOLUNTARILY
CONSUMED OR INGESTED A SUBSTANCE OR COMBINATION  OF  SUBSTANCES  TO  THE
EXTENT  THAT  THE  DRIVER  HAS IMPAIRED, TO ANY EXTENT, THE PHYSICAL AND
MENTAL ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPER-
ATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
120-a to read as follows:
  S  120-A. INTOXICATION. INTOXICATION IS A GREATER DEGREE OF IMPAIRMENT
WHICH IS REACHED WHEN A DRIVER HAS VOLUNTARILY CONSUMED  OR  INGESTED  A
SUBSTANCE  OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER IS
INCAPABLE OF EMPLOYING THE PHYSICAL AND MENTAL ABILITIES WHICH A  DRIVER
IS EXPECTED TO POSSESS IN ORDER TO OPERATE A VEHICLE AS A REASONABLE AND
PRUDENT DRIVER.
  S  3. 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 ANY  SUBDIVI-
SION  OF THIS SECTION THAT THE OPERATOR SUFFERED AN ALLERGIC REACTION OR
MEDICAL EMERGENCY RATHER THAN BEING IMPAIRED BY THE SUBSTANCE OR  COMBI-
NATION  OF  SUBSTANCES.    PROVIDED,  HOWEVER,  THAT NO DEFENSE SHALL BE
AVAILABLE IF ANY SUCH CONSUMED OR INGESTED  SUBSTANCE  IS  CONTAINED  IN
SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02096-01-5