Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 | referred to transportation |
Apr 10, 2019 | referred to transportation |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
Co-Sponsors
David McDonough
Multi-Sponsors
Anthony D'Urso
A7156 (ACTIVE) - Details
- See Senate Version of this Bill:
- S377
- 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
2015-2016: A9912, S3730
2017-2018: A6551, S4365
2021-2022: S5565
A7156 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7156 2019-2020 Regular Sessions I N A S S E M B L Y April 10, 2019 ___________ Introduced by M. of A. CUSICK, McDONOUGH -- Multi-Sponsored by -- M. of A. D'URSO -- 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: § 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. § 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