New York A 5974: Adds Prader-Willi to the definition of developmental disorder

Bill Text

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A05974 Summary:

BILL NOA05974 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORReilly

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COSPNSRNovakhov, DeStefano

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MLTSPNSRGiglio

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Amd §§1192-a & 114-a, V & T L; amd §222.05, Pen L

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Classifies operating a motor vehicle while under the influence of drugs by an individual under the age of twenty-one as a per se offense; includes any substance or combination of substances that impair, to any extent, physical or mental abilities in the definition of drugs; allows the odor of cannabis to be the basis for evidence for a violation of section 1192-a of the vehicle and traffic law.

Go to top A05974 Actions:

BILL NOA05974 

&nbsp

02/25/2025referred to transportation

01/07/2026referred to transportation

Go to topA05974 Committee&nbspVotes:

Go to topA05974 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05974 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5974

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 25, 2025
 ___________

 Introduced by M. of A. REILLY -- read once and referred to the Committee
 on Transportation

 AN ACT to amend the vehicle and traffic law and the penal law, in
 relation to classifying operating a motor vehicle while under the
 influence of drugs by an individual under the age of twenty-one as a
 per se offense

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 1192-a of the vehicle and traffic law, as added by
 2 chapter 196 of the laws of 1996, is amended to read as follows:
 3 § 1192-a. Operating a motor vehicle after having consumed alcohol or
 4 drugs; under the age of twenty-one; per se. No person under the age of
 5 twenty-one shall operate a motor vehicle after having consumed alcohol
 6 as defined in this section or drugs as defined in section one hundred
 7 fourteen-a of this chapter. For purposes of this section, a person
 8 under the age of twenty-one is deemed to have consumed alcohol only if
 9 such person has .02 of one per centum or more but not more than .07 of
 10 one per centum by weight of alcohol in the person's blood, as shown by
 11 chemical analysis of such person's blood, breath, urine or saliva, made
 12 pursuant to the provisions of section eleven hundred ninety-four of this
 13 article. Any person who operates a motor vehicle in violation of this
 14 section, and who is not charged with a violation of any subdivision of
 15 section eleven hundred ninety-two of this article arising out of the
 16 same incident shall be referred to the department for action in accord-
 17 ance with the provisions of section eleven hundred ninety-four-a of this
 18 article. Except as otherwise provided in subdivision five of section
 19 eleven hundred ninety-two of this article, this section shall not apply
 20 to a person who operates a commercial motor vehicle. Notwithstanding any
 21 provision of law to the contrary, a finding that a person under the age
 22 of twenty-one operated a motor vehicle after having consumed alcohol in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03305-01-5

 A. 5974 2

 1 violation of this section is not a judgment of conviction for a crime or
 2 any other offense.
 3 § 2. Section 114-a of the vehicle and traffic law, as amended by chap-
 4 ter 92 of the laws of 2021, is amended to read as follows:
 5 § 114-a. Drug. The term "drug" when used in this chapter, means and
 6 includes any substance listed in section thirty-three hundred six of the
 7 public health law [and], cannabis and concentrated cannabis as defined
 8 in section 222.00 of the penal law and any substance or combination of
 9 substances that impair, to any extent, physical or mental abilities.
 10 § 3. Subdivision 4 of section 222.05 of the penal law, as added by
 11 chapter 92 of the laws of 2021, is amended to read as follows:
 12 4. Paragraph (b) of subdivision three of this section shall not apply
 13 when a law enforcement officer is investigating whether a person is
 14 operating a motor vehicle, vessel or snowmobile while impaired by drugs
 15 or the combined influence of drugs or of alcohol and any drug or drugs
 16 in violation of subdivision four or subdivi