Expands the definition of "drug", for the purposes of the vehicle and traffic law, to include inhalants and glues containing a solvent which releases toxic vapors and fumes; provides that the expansion of such definition expands the substances upon which a charge of the misdemeanor of driving while impaired by drugs may be based.
STATE OF NEW YORK
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5386
2009-2010 Regular Sessions
IN ASSEMBLY
February 13, 2009
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Introduced by M. of A. MAISEL, ROSENTHAL, EDDINGTON, DelMONTE, ZEBROW-
SKI, GUNTHER, HOYT, DINOWITZ, ORTIZ, FIELDS, MARKEY, KOON -- Multi-
Sponsored by -- M. of A. BRENNAN, GALEF, GORDON, HIKIND, MAYERSOHN,
SCHIMEL, SEMINERIO, SWEENEY, TOWNS, WEISENBERG -- read once and
referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the defi-
nition of "drug"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 114-a of the vehicle and traffic law, as added by
2 chapter 163 of the laws of 1973, is amended to read as follows:
3 § 114-a. Drug. The term "drug" when used in this chapter, means and
4 includes any substance listed in section thirty-three hundred six of the
5 public health law, and any hazardous inhalants and glue containing a
6 solvent having the property of releasing toxic vapors and fumes, as
7 defined in section thirty-three hundred eighty of such law.
8 § 2. Subdivision 5 of section 509-a of the vehicle and traffic law, as
9 added by chapter 675 of the laws of 1985, is amended to read as follows:
10 (5) drug shall mean any substance listed in section thirty-three
11 hundred six of the public health law not dispensed or consumed pursuant
12 to a lawful prescription, and any hazardous inhalants and glue contain-
13 ing a solvent having the property of releasing toxic vapors and fumes,
14 as defined in section thirty-three hundred eighty of such law;
15 § 3. Subdivision 1 of section 510-a of the vehicle and traffic law, as
16 amended by section 13 of part E of chapter 60 of the laws of 2005, is
17 amended to read as follows:
18 1. Revocation. A commercial driver's license shall be revoked by the
19 commissioner whenever the holder is convicted within or outside of this
20 state (a) of a felony involving the use of a motor vehicle except a
21 felony as described in paragraph (b) of this subdivision; (b) of a felo-
22 ny involving manufacturing, distributing or dispensing a drug [as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07178-01-9
A. 5386 2
1 defined in], which, notwithstanding section one hundred fourteen-a of
2 this chapter, shall mean and include any substance listed in section
3 thirty-three hundred six of the public health law, or possession of any
4 such drug with intent to manufacture, distribute or dispense such drug
5 in which a motor vehicle was used; (c) of a violation of subdivision one
6 or two of section six hundred of this chapter; (d) of operating a
7 commercial motor vehicle when, as a result of prior violations committed
8 while operating a commercial motor vehicle, the driver's commercial
9 driver's license is revoked, suspended, or canceled, or the driver is
10 disqualified from operating a commercial motor vehicle; (e) or has been
11 convicted of causing a fatality through the negligent operation of a
12 commercial motor vehicle, including but not limited to the crimes of
13 vehicular manslaughter or criminally negligent homicide.
14 § 4. This act shall take effect on the thirtieth day after it shall
15 have become a law.
