A03138 Summary:

BILL NOA03138
 
SAME ASNo Same As
 
SPONSORReilly
 
COSPNSR
 
MLTSPNSR
 
Amd §§1192-a & 114-a, V & T L; amd §222.05, Pen L
 
Classifies operating a motor vehicle while under the influence of drugs by an individual under the age of twenty-one as a per se offense; includes any substance or combination of substances that impair, to any extent, physical or mental abilities in the definition of drugs; allows the odor of cannabis to be the basis for evidence for a violation of section 1192-a of the vehicle and traffic law.
Go to top    

A03138 Actions:

BILL NOA03138
 
02/02/2023referred to transportation
Go to top

A03138 Committee Votes:

Go to top

A03138 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A03138 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3138
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced by M. of A. REILLY -- read once and referred to the Committee
          on Transportation
 
        AN  ACT  to  amend  the  vehicle  and  traffic law and the penal law, in
          relation to classifying operating a  motor  vehicle  while  under  the
          influence  of  drugs by an individual under the age of twenty-one as a
          per se offense

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 1192-a of the vehicle and traffic law, as added by
     2  chapter 196 of the laws of 1996, is amended to read as follows:
     3    § 1192-a. Operating a motor vehicle after having consumed  alcohol  or
     4  drugs;  under  the age of twenty-one; per se. No person under the age of
     5  twenty-one shall operate a motor vehicle after having  consumed  alcohol
     6  as  defined  in  this section or drugs as defined in section one hundred
     7  fourteen-a of this chapter.   For purposes of  this  section,  a  person
     8  under  the  age of twenty-one is deemed to have consumed alcohol only if
     9  such person has .02 of one per centum or more but not more than  .07  of
    10  one  per  centum by weight of alcohol in the person's blood, as shown by
    11  chemical analysis of such person's blood, breath, urine or saliva,  made
    12  pursuant to the provisions of section eleven hundred ninety-four of this
    13  article.  Any  person  who operates a motor vehicle in violation of this
    14  section, and who is not charged with a violation of any  subdivision  of
    15  section  eleven  hundred  ninety-two  of this article arising out of the
    16  same incident shall be referred to the department for action in  accord-
    17  ance with the provisions of section eleven hundred ninety-four-a of this
    18  article.  Except  as  otherwise  provided in subdivision five of section
    19  eleven hundred ninety-two of this article, this section shall not  apply
    20  to a person who operates a commercial motor vehicle. Notwithstanding any
    21  provision  of law to the contrary, a finding that a person under the age
    22  of twenty-one operated a motor vehicle after having consumed alcohol  in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02046-01-3

        A. 3138                             2
 
     1  violation of this section is not a judgment of conviction for a crime or
     2  any other offense.
     3    § 2. Section 114-a of the vehicle and traffic law, as amended by chap-
     4  ter 92 of the laws of 2021, is amended to read as follows:
     5    § 114-a. Drug.  The  term  "drug" when used in this chapter, means and
     6  includes any substance listed in section thirty-three hundred six of the
     7  public health law [and], cannabis and concentrated cannabis  as  defined
     8  in  section  222.00 of the penal law and any substance or combination of
     9  substances that impair, to any extent, physical or mental abilities.
    10    § 3. Subdivision 4 of section 222.05 of the penal  law,  as  added  by
    11  chapter 92 of the laws of 2021, is amended to read as follows:
    12    4.  Paragraph (b) of subdivision three of this section shall not apply
    13  when a law enforcement officer is  investigating  whether  a  person  is
    14  operating  a motor vehicle, vessel or snowmobile while impaired by drugs
    15  or the combined influence of drugs or of alcohol and any drug  or  drugs
    16  in violation of subdivision four or subdivision four-a of section eleven
    17  hundred ninety-two or section eleven hundred ninety-two-a of the vehicle
    18  and  traffic  law, or paragraph (e) of subdivision two of section forty-
    19  nine-a of the navigation law, or paragraph (d)  of  subdivision  one  of
    20  section  25.24  of  the parks, recreation and historic preservation law.
    21  During such investigations, the odor of burnt cannabis shall not provide
    22  probable cause to search any area of  a  vehicle  that  is  not  readily
    23  accessible to the driver and reasonably likely to contain evidence rele-
    24  vant to the driver's condition.
    25    § 4. This act shall take effect immediately.
Go to top