S T A T E   O F   N E W   Y O R K
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                                  1657

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of A. ZEBROWSKI, TITONE -- read once and referred to
  the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  decreasing  the amount of alcohol in a person's system necessary to be
  considered to be intoxicated while hunting

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section  11-1201 of the environmental
conservation law, as added by chapter  726  of  the  laws  of  1977,  is
amended to read as follows:
  2. "Intoxicated condition" shall mean the presence of [.10] .08 of one
per  centum or more by weight of alcohol in a person's blood as shown by
chemical analyses of his blood, breath, urine, or saliva  made  pursuant
to  section  11-1205 of this title. An "impaired condition" shall mean a
state of impairment of a person's capacity to think or act correctly, or
of a loss, even in part of a person's control of his physical or  mental
faculties due to his consumption of alcohol or use of a drug.
  S  2.  Section 11-1207 of the environmental conservation law, as added
by chapter 726 of the laws of 1977, is amended to read as follows:
S 11-1207. Evidence admitted in court.
  Upon the trial of any action or  proceeding  arising  out  of  conduct
alleged to have been committed by any person arrested for a violation of
any  subdivision of section 11-1203 of this title, the court shall admit
evidence of the amount of alcohol or drugs in the defendant's  blood  as
shown  by  a  test  administered  pursuant  to the provisions of section
11-1205 of this title. Evidence that there was  five-hundredths  of  one
per  centum or less by weight of alcohol in such person's blood is prima
facie evidence that the ability of such  person  to  engage  in  hunting
without  creating  unreasonable  risk  of  injury or death to himself or
other human life  was  not  impaired  by  the  consumption  of  alcohol.
Evidence  that  there  was less than [one-tenth] EIGHT ONE-HUNDREDTHS of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02939-01-5
              

A. 1657                             2

one per centum by weight of alcohol in  such  person's  blood  is  prima
facie evidence only that such person was not in an intoxicated condition
due to the consumption of alcohol.
  S  3.    This  act  shall  take  effect on the first of September next
succeeding the date on which it shall have become law.