Bill Text: NY S04673 | 2009-2010 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO TRANSPORTATION [S04673 Detail]
Download: New_York-2009-S04673-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4673
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed 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 S 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 S 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 S 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
23 defined in], WHICH, NOTWITHSTANDING section one hundred fourteen-a of
24 this chapter, SHALL MEAN AND INCLUDE ANY SUBSTANCE LISTED IN SECTION
25 THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW, or possession of any
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07178-01-9
S. 4673 2
1 such drug with intent to manufacture, distribute or dispense such drug
2 in which a motor vehicle was used; (c) of a violation of subdivision one
3 or two of section six hundred of this chapter; (d) of operating a
4 commercial motor vehicle when, as a result of prior violations committed
5 while operating a commercial motor vehicle, the driver's commercial
6 driver's license is revoked, suspended, or canceled, or the driver is
7 disqualified from operating a commercial motor vehicle; (e) or has been
8 convicted of causing a fatality through the negligent operation of a
9 commercial motor vehicle, including but not limited to the crimes of
10 vehicular manslaughter or criminally negligent homicide.
11 S 4. This act shall take effect on the thirtieth day after it shall
12 have become a law.
