senate Bill S4365

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to transportation
Feb 10, 2017 referred to transportation

Co-Sponsors

S4365 (ACTIVE) - Details

See Assembly Version of this Bill:
A6551
Current Committee:
Senate 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: S4777, A10917
2011-2012: S600, A848
2013-2014: S754, S7170, A6491
2015-2016: S3730, A9912
2019-2020: S377, A7156

S4365 (ACTIVE) - Summary

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

S4365 (ACTIVE) - Sponsor Memo

S4365 (ACTIVE) - Bill Text download pdf


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

                                  4365

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 10, 2017
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed 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:
  § 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.
  §  2.  The  vehicle and traffic law is amended by adding a new section
120-a to read as follows:
  § 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.
  § 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09894-01-7

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