S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  844--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by  M.  of  A. SIMOTAS, McDONOUGH, DenDEKKER, D'URSO -- read
   once and referred to the  Committee  on  Transportation  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01218-02-9

 A. 844--A                           2
 
 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-
 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.