A relative of the victim of a disabled driver flooded the state capitol on Tuesday, demanding that Albany close a legal loophole to allow drug killers from the hook.
Henry Rivera, joined by his wife Migdalia, cried as he told the story of his 18-year-old son Alex. A 20-year-old teenage friend was also killed in a 2007 horror series.
In the case of Riveras, some justice was provided, but supporters of the bill that would change the rules just because cocaine is on a specific list of controlled substances in the state.
The proposed law, supported by Liberus and other relatives of victims, would expand the definition of a drug and include substances or combinations that undermine someone's physical or mental abilities.
“Just looking at the vibrant body of your beloved child is so unnatural,” the father said in tears of the Capitol Rotunda stairs surrounded by dozens of other victims and supportive legislators.
“The dictionary doesn't have any words to describe the loss of a child.
“We have the right to make good or bad choices,” Henry said. “You make the wrong choice and deal with the law. This law needs to be passed immediately. That's the right law.”
Under current state law, authorities must quote certain drugs from the state's list of controlled substances in order to request someone to drive drugs.
Law enforcement says the approach has not kept up to new addiction substances such as xylazine and “TRANQ.”
“It's just dynamics that support common sense in reality,” said Sen. Anthony Palumbo (R-LI), a former prosecutor at the event.
Sen. Dean Murray (R-LI) said current laws are similar to limiting whether someone is charged with drunk driving based on what they are drinking.
“Imagine pulling someone towards you and saying, 'Captain Morgan or Tito.' It depends on whether you are charged or not. The failure is damaged. Period,” Murray said.
The proposed changes included in Gov. Kathy Hochul's budget plan “all make sense in the world,” said Sen. Jack Martins (R-LI).
“We're on the rise in fatal car accidents and car accidents, and that's why,” Martins said. “The state passed through recreational marijuana without having the way to take charge of the person in charge of driving the medicine.”
Part of the bill would create a smell like a cannabis or burnt cannabis grounds for possible causes, allowing officers to search and conduct drug testing.
Citizens' groups oppose the proposal, claiming that by making the latter change, they can open the door for a flood of unfair searches.
Additionally, cannabis industry groups such as the Empire Cannabis Maker Alliance have issued warnings saying workers can't escape the smell, even if they are calm.
“The proposal basically amounts to criminalisation of working in the cannabis industry,” Kaelen Castetter, the group's representative, told the Post.
Negotiations over the state budget will begin in earnest and will likely continue for weeks. Expense plans are also a tool for policy items, such as the drug driving bill proposed by Hochul in its package.
