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.
Go to top

A02384 Actions:

BILL NO    A02384 

01/14/2013 referred to transportation
01/08/2014 referred to transportation
Go to top

A02384 Votes:

There are no votes for this bill in this legislative session.
Go to top

A02384 Memo:

BILL NUMBER:A2384

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 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.

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 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.
Go to top

A02384 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2384

                              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
         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    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.
                                                                  LBD03117-01-3
       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
    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    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.
Go to top
Page display time = 0.0949 sec