STATE OF NEW YORK
________________________________________________________________________
848--A
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
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Introduced by M. of A. WEISENBERG, COLTON, SPANO, MAISEL, STEVENSON,
SCHIMEL, ZEBROWSKI, LAVINE, COOK -- Multi-Sponsored by -- M. of A.
GALEF, GIBSON, P. RIVERA, SWEENEY -- 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, 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:
1 Section 1. Section 119-b of the vehicle and traffic law is renumbered
2 119-c and a new section 119-b is added to read as follows:
3 § 119-b. Impaired. Impairment is reached when a driver has voluntarily
4 consumed or ingested a substance or combination of substances to the
5 extent that the driver has impaired, to any extent, the physical and
6 mental abilities which a driver is expected to possess in order to oper-
7 ate a vehicle as a reasonable and prudent driver.
8 § 2. The vehicle and traffic law is amended by adding a new section
9 120-a to read as follows:
10 § 120-a. Intoxication. Intoxication is a greater degree of impairment
11 which is reached when a driver has voluntarily consumed or ingested a
12 substance or combination of substances to the extent that the driver is
13 incapable of employing the physical and mental abilities which a driver
14 is expected to possess in order to operate a vehicle as a reasonable and
15 prudent driver.
16 § 3. Section 1192 of the vehicle and traffic law is amended by adding
17 a new subdivision 13 to read as follows:
18 13. It shall be an affirmative defense to a charge under any subdivi-
19 sion of this section that the operator neither knew nor had reason to
20 know of the impairing nature of the substance or combination of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00099-07-1
A. 848--A 2
1 substances consumed or ingested. Provided, however, that no defense
2 shall be available if any such consumed or ingested substance is
3 contained in section thirty-three hundred six of the public health law.
4 § 4. This act shall take effect on the first of November next succeed-
5 ing the date on which it shall have become a law.
