NY State Senate Bill 2019-S377

Senate Bill S377

2019-2020 Legislative Session

Defines the terms "impaired" and "intoxication" for the purposes of the vehicle and traffic law

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 09, 2019	referred to transportation

2019-S377 (ACTIVE) - Details

See Assembly Version of this Bill:: A7156
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Ren §119-b to be §119-c, add §§119-b & 120-a, amd §1192, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4777, A10917
2011-2012: S600, A848
2013-2014: S754, S7170, A6491
2015-2016: S3730, A9912
2017-2018: S4365, A6551
2021-2022: S5565
2023-2024: S4277

2019-S377 (ACTIVE) - Summary

Defines the terms "impaired" and "intoxication" for the purposes of the vehicle and traffic law.

2019-S377 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S377

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to the definitions of the terms "impaired" and "intoxication"
for the purposes of such law

 
PURPOSE:

To codify accepted legal definitions and include alteration of physical
or mental abilities by known or unknown substances.

 
SUMMARY OF PROVISIONS:

Section 119-b defines impaired in conformity with the language of the
New York State Court of Appeals ruling in People v. Cruz, 48 NY.2nd 419,
(1979).

Section 120-a defines intoxication in conformity with the language of
the New York State Court of Appeals ruling in People v. Cruz, 48 N.Y.2n
419, (1979) and expands such definition to encompass situations

described in the New York State Court of Appeals ruling in People v.
Litto, 8 N.Y.3rd 692, (2007). Adds a new subdivision 13 to section 1192
of the VTL providing an affirmative defense for an operator who suffered
and allergic reaction or medical emergency rather than being impaired by
the substance or combination of substances.

 
JUSTIFICATION:

All too often, intoxicated drivers who are under the influence of a
substance that has not been placed upon the New York Sate Public Health
Law Schedule 3306 or a substance that cannot be determined, escape pros-
ecution. Clearly dangerous drivers can frustrate the prosecution of
their own acts by the simple legislatively sanctioned expedient of
refusing a chemical test of their blood breath and urine. If the driver
has no contraband and makes no admissions, the intoxicating substance
ingested will not be known to law enforcement, a condition precedent to
prosecution under our current laws.  Additionally, some clearly danger-
ous drivers who ingest substances or combinations of substances not
listed in the Public Health Law may not be prosecuted under our current
laws.

In January of 2004, after becoming intoxicated from ingesting an aerosol
spray can of "Dust-off, Vincent Litto veered into oncoming traffic,
killing 18-year-old Kristian Roggio Litto and injuring James Sienna, and
two others.

 
LEGISLATIVE HISTORY:

2018: S.4365- Referred to Transportation/A.6551- Referred to Transporta-
tion
2017: S.4365- Referred to Transportation/A.6551- Referred to Transporta-
tion
2016: S.3730- Referred to Transportation/A.9912- Referred to Transporta-
tion
2015: S.3730- Referred to Transportation

2012: S.6030- Referred to Codes/A.10747 - Referred to Codes.

 
FISCAL IMPLICATIONS:

None.

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

2019-S377 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    377
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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, in relation  to  the  defi-
   nitions of the terms "impaired" and "intoxication" for the purposes of
   such law

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 119-b of the vehicle and traffic law is  renumbered
 section 119-c and a new section 119-b is added to read as follows:
   § 119-B. IMPAIRED. IMPAIRMENT IS REACHED WHEN A DRIVER HAS VOLUNTARILY
 CONSUMED  OR  INGESTED  A  SUBSTANCE OR COMBINATION OF SUBSTANCES TO THE
 EXTENT THAT THE DRIVER HAS IMPAIRED, TO ANY  EXTENT,  THE  PHYSICAL  AND
 MENTAL ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPER-
 ATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 120-a to read as follows:
   § 120-A. INTOXICATION. INTOXICATION IS A GREATER DEGREE OF  IMPAIRMENT
 WHICH  IS  REACHED  WHEN A DRIVER HAS VOLUNTARILY CONSUMED OR INGESTED A
 SUBSTANCE OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER  IS
 INCAPABLE  OF EMPLOYING THE PHYSICAL AND MENTAL ABILITIES WHICH A DRIVER
 IS EXPECTED TO POSSESS IN ORDER TO OPERATE A VEHICLE AS A REASONABLE AND
 PRUDENT DRIVER.
   § 3. 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 ANY SUBDIVI-
 SION OF THIS SECTION THAT THE OPERATOR SUFFERED AN ALLERGIC REACTION  OR
 MEDICAL  EMERGENCY RATHER THAN BEING IMPAIRED BY THE SUBSTANCE OR COMBI-
 NATION OF SUBSTANCES.   PROVIDED, HOWEVER,  THAT  NO  DEFENSE  SHALL  BE
 AVAILABLE  IF  ANY  SUCH  CONSUMED OR INGESTED SUBSTANCE IS CONTAINED IN
 SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03540-01-9

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