Senate Bill S8913

2021-2022 Legislative Session

Relates to procedures relating to driving while ability impaired by drugs

download bill text pdf

Sponsored By

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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2021-S8913 (ACTIVE) - Details

See Assembly Version of this Bill:
A9554
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§114-a, 1194 & 1193, add §§119-b & 120-a, V & T L
Versions Introduced in 2023-2024 Legislative Session:
S3135, A174

2021-S8913 (ACTIVE) - Summary

Alters the definition of "drug" in the vehicle and traffic law to include any substance or combination of substances that impair, to any extent, physical or mental abilities; defines impairment and intoxication; provides that refusal to submit to a breath test and/or oral/bodily fluid test shall be a traffic infraction; makes related provisions.

2021-S8913 (ACTIVE) - Sponsor Memo

2021-S8913 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8913
 
                             I N  S E N A T E
 
                              April 28, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- 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  procedures
   relating to driving while ability impaired by drugs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 114-a of the vehicle and traffic law, as amended by
 chapter 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.
   §  2. Section 119-b of the vehicle and traffic law is renumbered 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.
   § 3. 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, TO A SUBSTANTIAL EXTENT, 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.
   §  4. Subdivisions 1, 2 and 3 of section 1194 of the vehicle and traf-
 fic law, as added by chapter 47 of the laws of 1988,  paragraph  (a)  of
 subdivision  2 as amended by chapter 196 of the laws of 1996, paragraphs
 (b) and (c) of subdivision 2 as amended by chapter 489 of  the  laws  of
 2017,  clause  (A) of subparagraph 1, subparagraphs 2 and 3 of paragraph
 (b), subparagraphs 1, 2 and 3 of  paragraph  (c)  of  subdivision  2  as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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