Assembly Bill A7156

2019-2020 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 Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-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
2023-2024: S4277
2025-2026: S5875

2019-A7156 (ACTIVE) - Summary

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

2019-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

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