BILL NUMBER: S9923

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to the defi-
nition of drugs

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 114-a of the vehicle and traffic law to expand
the definition of drug to any substance or combination of substances
that impair, to any extent, physical or mental abilities.

Section 2. Sets the effective date.

 
JUSTIFICATION:

Nationally, roadway fatalities have increased by more than 10,000 since
2006 and have been described by U.S. Transportation Secretary Pete
Buttigieg as a national crisis. In 2022 there were 42,514 fatalities
nationally which represents a slight decrease from 2021 (4 2,939) of
              

1.7%. But in the same time frame, New York's fatalities increased 1.6%
from 1,156 to 1,175, which is the latest number in a steadily climbing
roadway fatality rate  
2020 (1,045), 2021 (1156) AND 2022 (1175). These
numbers represent a 24% increase in New York's fatalities in the 5 years
ending in 2022. At the same time, drug-related fatalities exceeded those
that were alcohol-related in both 2020 and 2022 according to the Insti-
tute for Traffic Safety Management and Research (ITSMR). The clear indi-
cation is that drugged driving has become an increasing threat and is
adding to the number of lives lost.

The National Highway Traffic Safety Administration (NHTSA) reported in
June of 2021 that nationally 56% of drivers involved in serious injury
and fatal crashes tested positive for at least one drug.  However, the
Institute for Traffic Safety Management and Research (ITSMR) reports
that in New York, there has been an 87% increase between 2013 and 2022
of the number of drivers involved in fatal crashes who tested positive
for at least one drug on the Public Health Law (PHL) § 3306 list. Drug-
related driving crashes have increased 33% in the 5 years between 2018
and 2022. These numbers undercount the drugged driving threat, however,
because they do not include drugs that are not on the PHL list or drugs
that were not tested for.

New York's current drugged driving statute requires law enforcement to
name the drug impairing the driver and for the drug to be on the PHL §
3306 list, thereby excluding constantly changing synthetic drugs and
even impairing household products. Regardless of how impaired, a driver
using an unlisted substance cannot be prosecuted for drugged driving in
New York under the Court of Appeals case of People v. Litto (8 N.Y.3d
692, 2007). The court referred to unlisted substances as a "legislative
gap". New York is one of only 4 states that requires a drug to be listed
in statute to trigger a drugged driving violation. In January of 2023,
the National Transportation Safety Board (NTSB) sent a letter to the
Governor recommending a legislative correction to remove the list
requirement. This bill seeks to follow the NTSB safety recommendation,
make the legislative correction and bring New York in line with the
other 46 states.

Through this process, dangerously impaired drivers would have their
licenses suspended or revoked, be provided treatment intervention,
attend the educational Impaired Driving Program and receive behavior
modification. The goal of this legislation is to save lives by inter-
cepting drugged drivers before they crash and kill.

 
LEGISLATIVE HISTORY:

New bill.

 
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.