S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3138
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. REILLY -- 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.
                                                            LBD02046-01-3
 A. 3138                             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.