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.
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.
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.
