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AB1346 Summary:

SPONSORRosenthal L
Amd §§114-a & 1193, V & T L
Relates to driving while ability is impaired by drugs.
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AB1346 Actions:

01/08/2021referred to transportation
01/05/2022referred to transportation
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AB1346 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to drugged driving   PURPOSE: This bill includes any drug or impairing substance in the list of drugs for which one could be found guilty of drugged driving.   SUMMARY OF SPECIFIC PROVISIONS: Section amends section 114-a of the vehicle and traffic law, as added by Chapter 163 of the laws of 1973. Section two amends section 1193 of the vehicle and traffic law and adds a new subparagraph 8. Section three sets forth the effective date.   JUSTIFICATION: Driving while under the influence of drugs is just as dangerous as driv- ing while under the influence of alcohol. Despite this, efforts by law enforcement and prosecutors to arrest and secure convictions against dangerous drugged drivers are hampered because the list of drugs for which a driver can be found impaired is limited. Expanding the list of drugs to include all drugs that have the impact of impairing a driver's ability to control a motor vehicle will provide law enforcement and prosecutors with the tools they need to remove dangerous drivers from the street and to better protect other users of the roads.   LEGISLATIVE HISTORY: 2019-20: A.63 7 - Referred to Transportation 2017-18: A.5093 - Referred to Transportation 2015-16: A.748I - Referred to Transportation   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This bill shall take effect immediately.
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AB1346 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 8, 2021
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Transportation
        AN ACT to amend the vehicle and traffic  law,  in  relation  to  drugged
          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] any drug or impairing substance.
     6    § 2. Paragraph (e) of subdivision 2 of section 1193 of the vehicle and
     7  traffic law is amended by  adding  a  new  subparagraph  8  to  read  as
     8  follows:
     9    (8)   Suspension  pending  prosecution;  drug  impairment.  Except  as
    10  provided in clause a-1 of subparagraph seven of this paragraph, a  court
    11  shall  suspend  a  driver's  license, pending prosecution, of any person
    12  charged with a violation of subdivision four or four-a of section eleven
    13  hundred ninety-two of this article  who,  at  the  time  of  arrest,  is
    14  alleged to have been ability impaired by drugs.
    15    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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