BILL NO A02384
SAME AS No same as
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.
TITLE OF BILL:
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
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 subdivision 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
negligent 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.
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 alcohol 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 prohibit, 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.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
January 14, 2013
Introduced by M. of A. MILLER -- read once and referred to the Committee
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 S 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 S 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.
A. 2384 2
1 S 3. The penal law is amended by adding a new section 125.23 to read
2 as follows:
3 S 125.23 VEHICULAR HOMICIDE CAUSED BY DRIVING WHILE ABILITY IMPAIRED BY
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
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 S 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.