A848A-2011 Actions

• Jan 4, 2012: referred to transportation
• Apr 12, 2011: print number 848a
• Apr 12, 2011: amend and recommit to transportation
• Jan 5, 2011: referred to transportation

A848A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 848--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 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:

 

Section  1.

Section 119-b of the vehicle and traffic law is renumbered
 119-c and a new section 119-b is added to read as follows:

 

S 119-B. IMPAIRED. IMPAIRMENT IS REACHED WHEN A DRIVER HAS VOLUNTARILY
 CONSUMED OR INGESTED A SUBSTANCE OR COMBINATION  OF  SUBSTANCES  TO  THE
 EXTENT  THAT  THE  DRIVER  HAS IMPAIRED, TO ANY EXTENT, THE PHYSICAL AND
 MENTAL ABILITIES WHICH A DRIVER IS EXPECTED TO POSSESS IN ORDER TO OPER
 ATE A VEHICLE AS A REASONABLE AND PRUDENT DRIVER.
 

S 2. The vehicle and traffic law is amended by adding  a  new  section
 120-a to read as follows:

 

S  120-A. INTOXICATION. INTOXICATION IS A GREATER DEGREE OF IMPAIRMENT
 WHICH IS REACHED WHEN A DRIVER HAS VOLUNTARILY CONSUMED  OR  INGESTED  A
 SUBSTANCE  OR COMBINATION OF SUBSTANCES TO THE EXTENT THAT THE DRIVER IS
 INCAPABLE OF EMPLOYING THE PHYSICAL AND MENTAL ABILITIES WHICH A  DRIVER
 IS EXPECTED TO POSSESS IN ORDER TO OPERATE A VEHICLE AS A REASONABLE AND
 PRUDENT DRIVER.
 

S  3.

Section 1192 of the vehicle and traffic law is amended by adding
 a new subdivision 13 to read as follows:

 13. IT SHALL BE AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER ANY  SUBDIVI
 SION  OF  THIS  SECTION THAT THE OPERATOR NEITHER KNEW NOR HAD REASON TO
 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
 SUBSTANCES  CONSUMED  OR  INGESTED.  PROVIDED,  HOWEVER, THAT NO DEFENSE
 SHALL BE AVAILABLE  IF  ANY  SUCH  CONSUMED  OR  INGESTED  SUBSTANCE  IS
 CONTAINED IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
 

S 4. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.

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