S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6944
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2021
                                ___________
 
 Introduced  by  M.  of A. REILLY, TANNOUSIS -- read once and referred to
   the Committee on Transportation
 
 AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
   relation  to  classifying  operating  a  motor vehicle while under the
   influence of drugs by an individual under the age of twenty-one  as  a
   per se offense

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1192-a of the vehicle and traffic law, as added  by
 chapter 196 of the laws of 1996, is amended to read as follows:
   § 1192-a. Operating  a  motor vehicle after having consumed alcohol OR
 DRUGS; under the age of twenty-one; per se. No person under the  age  of
 twenty-one  shall  operate a motor vehicle after having consumed alcohol
 as defined in this section OR DRUGS AS DEFINED IN  SECTION  ONE  HUNDRED
 FOURTEEN-A  OF  THIS  CHAPTER.    For purposes of this section, a person
 under the age of twenty-one is deemed to have consumed alcohol  only  if
 such  person  has .02 of one per centum or more but not more than .07 of
 one per centum by weight of alcohol in the person's blood, as  shown  by
 chemical  analysis of such person's blood, breath, urine or saliva, made
 pursuant to the provisions of section eleven hundred ninety-four of this
 article. Any person who operates a motor vehicle in  violation  of  this
 section,  and  who is not charged with a violation of any subdivision of
 section eleven hundred ninety-two of this article  arising  out  of  the
 same  incident shall be referred to the department for action in accord-
 ance with the provisions of section eleven hundred ninety-four-a of this
 article. Except as otherwise provided in  subdivision  five  of  section
 eleven  hundred ninety-two of this article, this section shall not apply
 to a person who operates a commercial motor vehicle. Notwithstanding any
 provision of law to the contrary, a finding that a person under the  age
 of  twenty-one operated a motor vehicle after having consumed alcohol in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10767-01-1
              

 A. 6944                             2
 
 violation of this section is not a judgment of conviction for a crime or
 any other offense.
   § 2. Section 114-a of the vehicle and traffic law, as amended by chap-
 ter 92 of the laws of 2021, is amended to read as follows:
   § 114-a. Drug.  The  term  "drug" when used in this chapter, means and
 includes any substance listed in section thirty-three hundred six of the
 public health law [and], cannabis and concentrated cannabis  as  defined
 in  section  222.00 of the penal law AND ANY SUBSTANCE OR COMBINATION OF
 SUBSTANCES THAT IMPAIR, TO ANY EXTENT, PHYSICAL OR MENTAL ABILITIES.
   § 3. Subdivision 4 of section 222.05 of the penal  law,  as  added  by
 chapter 92 of the laws of 2021, is amended to read as follows:
   4.  Paragraph (b) of subdivision three of this section shall not apply
 when a law enforcement officer is  investigating  whether  a  person  is
 operating  a motor vehicle, vessel or snowmobile while impaired by drugs
 or the combined influence of drugs or of alcohol and any drug  or  drugs
 in violation of subdivision four or subdivision four-a of section eleven
 hundred ninety-two OR SECTION ELEVEN HUNDRED NINETY-TWO-A of the vehicle
 and  traffic  law, or paragraph (e) of subdivision two of section forty-
 nine-a of the navigation law, or paragraph (d)  of  subdivision  one  of
 section  25.24  of  the parks, recreation and historic preservation law.
 During such investigations, the odor of burnt cannabis shall not provide
 probable cause to search any area of  a  vehicle  that  is  not  readily
 accessible to the driver and reasonably likely to contain evidence rele-
 vant to the driver's condition.
   § 4. This act shall take effect immediately.