S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2513
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SIMOTAS,  McDONOUGH, MURRAY -- read once and
   referred to the Committee on Transportation
 
 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:
   § 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.
   § 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.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              
             
                          
                                                                            LBD03806-01-7
 A. 2513                             2
 
 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.
   §  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.
   §  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.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.