What's happening
This bill expands the definition of "drug" in traffic law and requires license suspension for drug-impaired driving charges pending prosecution.
Why it matters
Broadens what counts as a “drug” under traffic law. now includes any drug or impairing substance, not just those specifically listed in public health law, potentially covering more prescription meds, synthetic drugs, or novel substances.
Could increase the number of drivers subject to prosecution or penalties for drug-impaired driving. , since more substances fall under the law’s scope, even if they are not regulated or scheduled drugs.
Mandates immediate license suspension for those charged—not just convicted—of drug-impaired driving. , which can have significant personal and professional consequences for individuals before their case is resolved in court.
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Who cares
Headline styles
Expand Drugged Driving Definition
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to drugged driving
In Assembly Committee · Transportation · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3470
2019-2020 Regular Sessions
IN SENATE
February 7, 2019
Introduced by Sen. GOUNARDES -- 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 drugged driving
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 114-a of the vehicle and traffic law, as added by chapter 163 of the laws of 1973, is amended to read as follows:
§ 114-a. Drug. The term "drug" when used in this chapter, means [and includes any substance listed in section thirty-three hundred six of the public health law] any drug or impairing substance.
§ 2. Paragraph (e) of subdivision 2 of section 1193 of the vehicle and traffic law is amended by adding a new subparagraph 8 to read as follows:
(8) Suspension pending prosecution; drug impairment. Except as provided in clause a-1 of subparagraph seven of this paragraph, a court shall suspend a driver's license, pending prosecution, of any person charged with a violation of subdivision four or four-a of section eleven hundred ninety-two of this article who, at the time of arrest, is alleged to have been ability impaired by drugs.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04071-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to drugged driving
Purpose or general idea of bill
This bill includes any drug or impairing substance in the list of drugs for which one could be found guilty of drugged driving. By doing so, the bill expands the range for someone who drives while under the influence to be found guilty of or face punishment for drugged driving.
Summary of provisions
Section one amends section 114-a of the Vehicle and Traffic Law as added by Chapter 163 of the laws of 1973 to include any drug or impairing substance for the purposes of defining a drug.
Section two amends section 1193 of the vehicle and traffic law and adds a new subparagraph 8. This new subparagraph authorizes the Courts to suspend the driving license of any individual pending prosecution, if that individual is alleged to have been ability impaired by drugs at the time of arrest.
Section three provides that this act shall take effect immediately.
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.
Prior legislative history
New bill.
Fiscal implications
Undetermined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.