A02384 Summary:

BILL NO    A02384 

SAME AS    No same as 

SPONSOR    Miller

COSPNSR    

MLTSPNSR   

Add S1212-a, V & T L; amd S120.03, add S125.23, Pen L

Creates the offense of driving while drowsy, a class A misdemeanor; includes
driving while drowsy under the offense of vehicular assault in the second
degree; creates the crime of vehicular homicide caused by driving while ability
impaired by fatigue, a class E felony, subject to an indeterminate term of
imprisonment of up to three years and license revocation.
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A02384 Actions:

BILL NO    A02384 

01/14/2013 referred to transportation
01/08/2014 referred to transportation
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A02384 Votes:

There are no votes for this bill in this legislative session.
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A02384 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2384
 
SPONSOR: Miller
  TITLE OF BILL: An act to amend the vehicle and traffic law and the penal law, in relation to driving while drowsy   PURPOSE OR GENERAL IDEA OF BILL: Defines offenses prohibiting driving or using a motor vehicle while the driver's ability or alertness is so impaired from fatigue as to make it unsafe to operate the vehicle.   SUMMARY OF SPECIFIC PROVISIONS: Amends Section 1212 of the vehicle and traffic law, by adding a new Section 1212-a to define the offense of driving while ability impaired by fatigue. The bill also amends subdivi- sion 2 of section 120.03 of the penal law by adding a new section 125.14 which defines the offense of vehicular homicide caused by driving while ability impaired by fatigue. Prohibits driving while ability impaired by fatigue, which is, when a person operates any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof while having been without sleep for a period in excess of 24 consecutive hours. Provides that driving while ability impaired by fatigue is a class A misdemeanor. A first violation will result in the person being subject to a fine not to exceed five hundred dollars; any subsequent violations will result in the person being subject to a fine not to exceed one thousand dollars and license revocation within the discretion of the court. Prohibits vehicular homicide caused by driving while ability impaired by fatigue, which is, when a person commits. the crime of criminally negli- gent homicide as defined in section 125.10, and causes the death of such other person by operation of a vehicle in violation of section 1212-a of the vehicle and traffic law. Provides that vehicular homicide caused by driving while ability impaired by fatigue is a class E felony, punishable by an indeterminate sentence of imprisonment of up to three years and subject to license revocation.   JUSTIFICATION: Each year hundreds of innocent motorists are seriously injured and/or killed in accidents caused by fatigued drivers. Driving while fatigued is no different than driving under the influence of alco- hol or drugs. Fatigue has been shown to slow reaction time, decrease awareness and impair judgment. Currently in New York State fatigued non-commercial drivers who fall asleep behind the wheel are exonerated from any wrongdoing, whether they hit a guardrail, seriously injure someone or cause death. However, there is a law that prohibits and penalizes commercial drivers who drive while fatigued. This legislation would define two new Offenses; the first is driving while ability impaired by fatigue, and the second is vehicular homicide caused by driving while ability impaired by fatigue, to prohib- it, explicitly the operation of a vehicle while one's alertness is impaired by fatigue. This bill is a huge step towards protecting New York State motorists from fatigued drivers, and holding people who do drive while fatigued accountable for their actions.   PRIOR LEGISLATIVE HISTORY: 2003-2004: A.7311-A Referred to Transportation 2005-2006: A.3373/S.3120 Referred to Assembly Transportation Committee. Referred to Senate Transportation Committee. 2007-2008: A.1234/S.1290 Referred to Assembly Transportation Committee, Referred to Senate Transportation Committee 2009-2010: A.1637 Referred to Transportation Committee. 2010-2011: A.1161 Referred to transportation Enacting clause stricken 2011-2012: A.8629 Referred to Transportation Committee   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
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A02384 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2384
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2013
                                       ___________
 
        Introduced by M. of A. MILLER -- 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 driving while drowsy
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 1212-a to read as follows:
     3    § 1212-a. Driving while drowsy. (a) A  person  is  guilty  of  driving
     4  while  drowsy  when he or she operates any motor vehicle, motorcycle, or
     5  any other vehicle propelled by any  power  other  than  muscular  power,
     6  while  his  or her ability to drive is impaired by fatigue. For purposes
     7  of this section, proof that a person fell asleep while driving or  proof
     8  that a person has been without sleep for twenty-four or more consecutive
     9  hours  shall  create a rebuttable presumption that such person's ability
    10  to drive was impaired by fatigue.
    11    (b) This section shall not apply to emergency personnel engaged in the

    12  response to  a  catastrophic  event  which  affects  public  safety;  or
    13  medical,  fire  or ambulance personnel responding to certain emergencies
    14  or calls for assistance.
    15    (c) Every person violating this section shall be guilty of a  class  A
    16  misdemeanor.  A  first  violation  of this section shall be subject to a
    17  fine not to exceed five hundred dollars;  any  subsequent  violation  of
    18  this  section  shall  be  subject  to  a fine not to exceed one thousand
    19  dollars and license revocation within the discretion of the court.
    20    § 2. Section 120.03 of the penal law is amended by adding a new subdi-
    21  vision 1-a to read as follows:
    22    (1-a) causes such serious physical injury by operation of a vehicle in

    23  violation of section twelve hundred twelve-a of the vehicle and  traffic
    24  law, or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03117-01-3

        A. 2384                             2
 
     1    §  3.  The penal law is amended by adding a new section 125.23 to read
     2  as follows:
     3  § 125.23 Vehicular  homicide caused by driving while ability impaired by
     4             fatigue.
     5    A person is guilty of vehicular homicide caused by driving while abil-
     6  ity impaired by fatigue when he or she:
     7    (1) commits the crime of criminally negligent homicide as  defined  in

     8  section 125.10, and
     9    (2) causes the death of such other person by operation of a vehicle in
    10  violation  of section twelve hundred twelve-a of the vehicle and traffic
    11  law.
    12    Vehicular homicide caused by driving while ability impaired by fatigue
    13  is a class E felony, punishable by an indeterminate sentence  of  impri-
    14  sonment  of up to three years and subject to license revocation pursuant
    15  to subdivision two of section five hundred ten of the vehicle and  traf-
    16  fic law.
    17    § 4. This act shall take effect on the first of November next succeed-
    18  ing the date on which it shall have become a law.
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