Add §119-c, amd §1192, V & T L; amd §3380, Pub Health L
Relates to driving a motor vehicle while under the influence of drugs, impairing substances or combined use of drugs and alcohol; defines the term "inhalant".
STATE OF NEW YORK
________________________________________________________________________
6092--A
Cal. No. 1174
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
___________
Introduced by Sens. KAMINSKY, AMEDORE -- read twice and ordered printed,
and when printed to be committed to the Committee on Transportation --
committee discharged and said bill committed to the Committee on Rules
-- ordered to a third reading, amended and ordered reprinted, retain-
ing its place in the order of third reading
AN ACT to amend the vehicle and traffic law and the public health law,
in relation to driving a motor vehicle under the influence of drugs or
combined use of drugs, impairing substances and alcohol
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 119-c to read as follows:
3 § 119-c. Inhalant. Any substance set forth in subdivision one of
4 section thirty-three hundred eighty of the public health law.
5 § 2. Subdivisions 4 and 4-a of section 1192 of the vehicle and traffic
6 law, subdivision 4 as added by chapter 47 of the laws of 1988 and subdi-
7 vision 4-a as added by chapter 732 of the laws of 2006, are amended to
8 read as follows:
9 4. Driving while ability impaired by drugs or impairing substances. No
10 person shall operate a motor vehicle while the person's ability to oper-
11 ate such a motor vehicle is impaired by the use of a drug as defined in
12 this chapter, or by marihuana or tetrahydrocannabinol, or by the volun-
13 tary ingestion of any other chemical, inhalant, pharmaceutical or other
14 impairing substance or combination of substances, drugs, marihuana or
15 tetrahydrocannabinol.
16 4-a. Driving while ability impaired by the combined influence of
17 [drugs or of] alcohol and any drug [or], drugs or impairing substances.
18 No person shall operate a motor vehicle while the person's ability to
19 operate such motor vehicle is impaired by the combined influence of
20 [drugs or of alcohol and any drug or drugs] alcohol and a drug, drugs,
21 as defined in this chapter, marihuana or tetrahydrocannabinol, or in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11547-03-9
S. 6092--A 2
1 combination with the voluntary ingestion of any other chemical, inha-
2 lant, pharmaceutical or other impairing substance or combination of
3 substances.
4 § 3. Paragraph (b) of subdivision 1 of section 3380 of the public
5 health law, as amended by chapter 234 of the laws of 1985, is amended to
6 read as follows:
7 (b) As used in this section hazardous inhalants shall mean and include
8 halogenated hyrdocarbons including difluoroenthlene, or any gases,
9 including nitrous oxide and any of the preparations of compounds
10 containing one or more of the chemical compounds[;]: amyl nitrite, isoa-
11 myl nitrite, butyl nitrite, isobutyl nitrite, pentyl nitrite or any
12 other [akyl] alkyl nitrite compound that is either designed to be used,
13 or commonly used, as an inhalant.
14 § 4. Section 1192 of the vehicle and traffic law is amended by adding
15 a new subdivision 13 to read as follows:
16 13. It shall be an affirmative defense to a charge under subdivisions
17 four and four-a of this section that the operator suffered a medical
18 emergency rather than being impaired by the substance or combination of
19 substances, provided, however, that no defense shall be available if any
20 such ingested substance is contained in section thirty-three hundred six
21 or section thirty-three hundred eighty of the public health law.
22 § 5. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law; provided, however, that this act shall not
24 apply to any offense committed before such date.
