S T A T E O F N E W Y O R K
________________________________________________________________________
844--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 11, 2019
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Introduced by M. of A. SIMOTAS, McDONOUGH, DenDEKKER, D'URSO -- read
once and referred to the Committee on Transportation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 and defines the term inhalant
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. ANY SUBSTANCE SET FORTH IN SUBDIVISION ONE OF
SECTION THIRTY-THREE HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW WHICH IS
USED BY SMELLING OR INHALING SUCH SUBSTANCE OR THE PROHIBITED USE OF
NITROUS OXIDE AS SET FORTH IN SUBDIVISION FIVE OF SUCH SECTION;
PROVIDED, HOWEVER, THAT INHALANT SHALL NOT INCLUDE ANY SUCH SUBSTANCE
WHICH IS INHALED FOR LAWFUL 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 OR INHALATION OF ANY OTHER CHEMI-
CAL, INHALANT, PHARMACEUTICAL OR OTHER IMPAIRING SUBSTANCE OR COMBINA-
TION 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01218-02-9
A. 844--A 2
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-
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 A 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 THIRTY-THREE HUNDRED SIX
OR SECTION THIRTY-THREE HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that this act shall not
apply to any offense committed before such date.