NY State Senate Bill 2017-S889

Senate Bill S889

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly 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
Jun 04, 2018	referred to transportation delivered to assembly passed senate
May 22, 2018	advanced to third reading
May 16, 2018	2nd report cal.
May 15, 2018	1st report cal.1207
Jan 03, 2018	referred to transportation returned to senate died in assembly
May 22, 2017	referred to transportation delivered to assembly passed senate
May 08, 2017	advanced to third reading
May 03, 2017	2nd report cal.
May 02, 2017	1st report cal.692
Jan 05, 2017	referred to transportation

Votes

- Jun 4, 2018 - Floor Vote
  S889
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  May 22, 2017 - Floor Vote
  S889
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 22, 2017
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Golden
  May 15, 2018 - Transportation Committee Vote
  S889
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 15, 2018
      
      aye (18)
      
      Avella
      
      Benjamin
      
      Dilan
      
      Gallivan
      
      Griffo
      
      Kaminsky
      
      Larkin
      
      Marcellino
      
      O'Mara
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sepúlveda
      
      Serrano
      
      Stavisky
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  May 2, 2017 - Transportation Committee Vote
  S889
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: May 2, 2017
      
      aye (19)
      
      Avella
      
      Croci
      
      Diaz
      
      Dilan
      
      Gallivan
      
      Griffo
      
      Kaminsky
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      O'Mara
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young

co-Sponsors

2017-S889 (ACTIVE) - Details

See Assembly Version of this Bill:: A2513
Current Committee:: Assembly 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 Other Legislative Sessions:: 2013-2014: A7967
2015-2016: S4769, A4719
2019-2020: S1094, A844

2017-S889 (ACTIVE) - Summary

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

2017-S889 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S889

 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

 PURPOSE :

To codify the language of a Court of Appeals ruling that will allow
law enforcement to keep up with the proliferation of designer and
synthetic and other chemical substances that, when consumed, result in
significant levels of impairment.

 SUMMARY OF PROVISIONS :

Amends subdivisions 4 and 4-A of § 1192 of the Vehicle and Traffic Law
(VTL) relating to operating a vehicle while impaired by drugs, to
codify language from People v. Cruz (48 N.Y. 2d 419 (1979) to include
pharmaceutical and chemical substances that create such a degree of
impairment as to render a motor vehicle 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

 JUSTIFICATION :

Under existing law, it is illegal to operate a motor vehicle while
under the influence of a drug or drugs, or under the combined
influence of alcohol and drugs. "Drugs" is defined as any substance
included in the list set forth in § 3306 of the Public Health Law.
Unfortunately, the proliferation of synthetic and boutique drugs, such
as "bath salts", "synthetic marijuana", and diflouroethane (among many
others) are not included in the Public Health Law - and as such allow
people to consume these substances, operate a motor vehicle and kill
and maim innocent victims across this State.

In 2004, Vincent Litto was driving in Brooklyn on a four-lane road
with three occupants in his car. Litto picked up a can of "Dust-Off
from the dashboard and sprayed it into his mouth. Dust-Off contains a
hydrocarbon, diflouroethane, which assists as a propellant and gives
the "buffer" an almost immediate high. Inhalation acts as stimulant of
the central nervous system, and within seconds, makes it difficult to
perceive and react to the environment. About 45 seconds after huffing
the Dust-Off, Litto veered into oncoming traffic. One of the
passengers in the oncoming car was killed, and the driver of that car
and two of Litto's passengers were seriously injured. Nevertheless,
because diflouroethane is not included on the list set forth in PHL §
3306, Litto's abhorrent disregard for human life could not be
prosecuted as vehicular manslaughter and vehicular assault. (See
People v. Litto, B NY 3rd 692 (2007).

Disturbingly, as new mind and reaction-altering substances are
produced and consumed, it is not conceivably possible that the
Legislature can expect to keep up with today's. creative chemistry
through the existing, antiquated process of adding substances through
statutory changes to the Public Health Law. Accordingly, this
legislation turns to a long-accepted definition of "intoxicated
condition" established by the Court of Appeals in Cruz, Id., where the
Court of Appeals, established a clear and concise definition for that
term that is equally applicable t6 impairment by drugs.

It is imperative that the Legislature face up to the fact that, under
the current scheme, it will never be able to keep up with the
"chemists" who are working to provide new ways to get high and
circumvent existing drug laws. For example, the use of so-called
'synthetic marijuana" that has swept college campuses in recent years,
not only causes a marijuana-type high - but this substance can also
generate manic and psychotic episodes. Combine this with driving and
every other car on the road represents a body bag waiting to happen.
Yet, while organic marijuana is considered a drug - this more potent
substance is not. While the burden on the prosecution will be
significant, the use of this expanded definition will provide
prosecutors with a fighting chance to persuade a court that the
chemical substance consumed by a motor vehicle operator had just as
great a level of impairment on the operator as alcohol and/or the
drugs listed in PHL § 3306.

 LEGISLATIVE HISTORY :

S.4769 of 2016 - Passed Senate.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2017-S889 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    889
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sen. AMEDORE -- 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

   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. THE TERM "INHALANT" WHEN USED IN THIS CHAPTER SHALL
 REFER TO THE SMELLING OR INHALING OF ANY SUBSTANCE SET FORTH IN SUBDIVI-
 SION ONE OF SECTION THIRTY-THREE HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW
 OR  THE PROHIBITED USE OF NITROUS OXIDE AS SET FORTH IN SUBDIVISION FIVE
 OF SUCH SECTION, EXCEPT FOR THE INHALATION OF  ANY  SUCH  SUBSTANCE  FOR
 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 OF ANY OTHER CHEMICAL, INHALANT,
 PHARMACEUTICAL OR OTHER IMPAIRING SUBSTANCE OR COMBINATION 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.

                                                            LBD03806-01-7

 S. 889                              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 AN ALLERGIC
 REACTION  OR  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  THREE  THOUSAND THREE HUNDRED SIX OR SECTION THREE THOUSAND
 THREE HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S889

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Sponsored By

George Amedore