NY State Senate Bill 2019-S6092A

Senate Bill S6092A

2019-2020 Legislative Session

Relates to driving a motor vehicle while under the influence of drugs, impairing substances or combined use of drugs and alcohol

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jun 20, 2019	recommitted to rules
Jun 12, 2019	amended on third reading (t) 6092a
Jun 04, 2019	ordered to third reading cal.1174 committee discharged and committed to rules
May 16, 2019	referred to transportation

Votes

- Jun 4, 2019 - Rules Committee Vote
  S6092A
  
  16
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 4, 2019
      
      aye (16)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      aye wr (3)
      
      Griffo
      
      Little
      
      Savino

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S6092 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §119-c, amd §1192, V & T L; amd §3380, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S770

2019-S6092 - Summary

Relates to driving a motor vehicle while under the influence of drugs, impairing substances or combined use of drugs and alcohol; defines the term "inhalant".

2019-S6092 - Sponsor Memo

                                
 
BILL NUMBER: S6092

SPONSOR: KAMINSKY
 
TITLE OF BILL:  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

 
PURPOSE:

To expand the definition of driving while ability impaired to include
inhalants and other impairing substances.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 119-c of the Vehicle and Traffic law to define
an inhalant.

Section 2 amends section 1192 of the Vehicle and Traffic Law to include
inhalants and other impairing substances to the description of driving
while ability impaired by drugs and the combined offense.

Section 3 amends the public health to expand the definition of hazardous
inhalants.

Section 4 adds a new subdivision to the Vehicle and Traffic law to
create an affirmative defense for operators who suffer medical emergen-
cies.

Section 5 is the effective date.

 
JUSTIFICATION:

The CDC estimates that 130 Americans die every day from an opioid over-
dose. In New York, there were 3,224 opioid-related overdoses. Most of
these deaths were caused by synthetic opioids. In 2017, 2,238 people
died of overdosing on synthetic opioids, which was up from the 210
deaths in 2013. Synthetic drugs also passed prescription opioids as the
most common drugs involved in overdose deaths in the United States.

Increased use of inhalants and synthetic drugs also means people are
more likely to drive while under the influence of these illicit drugs.
According to the National Institute of Drug Abuse, in 2017, 21.4 million
people drove under the influence of alcohol and 12.8 million drove under
the influence of illicit drugs. Further, estimates show that 44% of
drivers in fatal crashes tested positive for drugs. Even with these
facts, experts still find it difficult to calculate how many crashes
occur because an individual is under the influence of drugs, including
synthetic drugs or inhalants.

New York has repeatedly taken steps to keep people safe by removing
intoxicated drivers from the road. Yet our state has failed to update
our laws to include the use of synthetic drugs and inhalants.  Current-
ly, prosecutors do not have the necessary tools to charge drivers who
use these substances with driving while intoxicated even though these
drugs cause impaired motor functions and judgment. It important that our
laws change to address these new drugs so that our courts can properly
prosecute impaired drivers.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day.

2019-S6092 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6092
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 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
 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.

                                                            LBD11547-01-9

 S. 6092                             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 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.

co-Sponsors

2019-S6092A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §119-c, amd §1192, V & T L; amd §3380, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S770

2019-S6092A (ACTIVE) - Summary

Relates to driving a motor vehicle while under the influence of drugs, impairing substances or combined use of drugs and alcohol; defines the term "inhalant".

2019-S6092A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6092A

SPONSOR: KAMINSKY
 
TITLE OF BILL:  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, impairing substances and
alcohol

 
PURPOSE:

To expand the definition of driving while ability impaired to include
inhalants and other impairing substances.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 119-c of the Vehicle and Traffic law to define
an inhalant.

Section 2 amends section 1192 of the Vehicle and Traffic Law to include
other impairing substances and inhalants to the description of driving
while ability impaired by drugs and the combined offense.

Section 3 amends the public health to expand the definition of hazardous
inhalants.

Section 4 adds a new subdivision to the Vehicle and Traffic law to
create an affirmative defense for operators who suffer medical emergen-
cies.

Section 5 is the effective date.

 
JUSTIFICATION:

The CDC estimates that 130 Americans die every day from an opioid over-
dose. In New York, there were 3,224 opioid-related overdoses.  Most of
these deaths were caused by synthetic opioids. In 2017, 2,238 people
died of overdosing on synthetic opioids, which was up from the 210
deaths in 2013. Synthetic drugs also passed prescription opioids as the
most common drugs involved in overdose deaths in the United States.

Increased use of inhalants and synthetic drugs also means people are
more likely to drive while under the influence of these illicit drugs.
According to the National Institute of Drug Abuse, in 2017, 21.4 million
people drove under the influence of alcohol and 12.8 million drove under
the influence of illicit drugs. Further, estimates show that 44% of
drivers in fatal crashes tested positive for drugs. Even with these
facts, experts still find it difficult to calculate how many crashes
occur because an individual is under the influence of drugs, including
synthetic drugs or inhalants.

New York has repeatedly taken steps to keep people safe by removing
intoxicated drivers from the road. Yet our state has failed to up date
our laws to include the use of synthetic drugs and inhalants.  Current-
ly, prosecutors do not have the necessary tools to charge drivers who
use these substances with driving while intoxicated even though these
drugs cause impaired motor functions and judgment. It important that our
laws change to address these new drugs so that our courts can properly
prosecute impaired drivers.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day.

2019-S6092A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6092--A
     Cal. No. 1174
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced by Sens. KAMINSKY, AMEDORE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee discharged and said bill committed to the Committee on Rules
   --  ordered to a third reading, amended and ordered reprinted, retain-
   ing its place in the order of third reading

 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, impairing substances 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.    ANY  SUBSTANCE SET FORTH IN SUBDIVISION ONE OF
 SECTION THIRTY-THREE HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW.
   § 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 OR IMPAIRING SUBSTANCES. No
 person shall operate a motor vehicle while the person's ability to oper-
 ate  such a motor vehicle is impaired by the use of a drug as defined in
 this chapter, OR BY MARIHUANA OR TETRAHYDROCANNABINOL, OR BY THE  VOLUN-
 TARY  INGESTION OF ANY OTHER CHEMICAL, INHALANT, PHARMACEUTICAL OR OTHER
 IMPAIRING SUBSTANCE OR COMBINATION OF SUBSTANCES,  DRUGS,  MARIHUANA  OR
 TETRAHYDROCANNABINOL.
   4-a.  Driving  while  ability  impaired  by  the combined influence of
 [drugs or of] alcohol and any drug [or], drugs OR IMPAIRING  SUBSTANCES.
 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  or  of alcohol and any drug or drugs] ALCOHOL AND A DRUG, DRUGS,
 AS DEFINED IN THIS CHAPTER, MARIHUANA  OR  TETRAHYDROCANNABINOL,  OR  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11547-03-9

 S. 6092--A                          2
 
 COMBINATION  WITH  THE  VOLUNTARY INGESTION OF ANY OTHER CHEMICAL, INHA-
 LANT, PHARMACEUTICAL OR OTHER  IMPAIRING  SUBSTANCE  OR  COMBINATION  OF
 SUBSTANCES.
   §  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
 HALOGENATED  HYRDOCARBONS  INCLUDING  DIFLUOROENTHLENE,  OR  ANY  GASES,
 INCLUDING  NITROUS  OXIDE  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.

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Senate Bill S6092A

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

George Amedore

2019-S6092 - Details

2019-S6092 - Summary

2019-S6092 - Sponsor Memo

2019-S6092 - Bill Text download pdf

co-Sponsors

George Amedore

2019-S6092A (ACTIVE) - Details

2019-S6092A (ACTIVE) - Summary

2019-S6092A (ACTIVE) - Sponsor Memo

2019-S6092A (ACTIVE) - Bill Text download pdf

Comments