A03506 Summary:

BILL NO    A03506 

SAME AS    SAME AS S03197

SPONSOR    Galef

COSPNSR    

MLTSPNSR   

Add S1212-a, amd SS510 & 1193, V & T L; amd SS120.03, 120.04, 125.12 & 125.13,
Pen L

Establishes the crime of operating a vehicle while fatigued; relates to
vehicular assault and vehicular manslaughter by including within the definition
of such crimes the operation of a vehicle while fatigued where the result of
such operation is serious physical injury or death to another person.
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A03506 Actions:

BILL NO    A03506 

01/23/2015 referred to transportation
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A03506 Text:

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

                                         3506

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 23, 2015
                                      ___________

       Introduced  by M. of A. GALEF -- 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 operating a vehicle while fatigued; in relation to vehicu-
         lar assault and vehicular manslaughter; and providing for the mandato-
         ry  suspension  of  a  driver's license upon conviction of operating a
         vehicle while fatigued

         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. OPERATING A VEHICLE WHILE FATIGUED.  (A) A PERSON IS  GUILTY
    4  OF  OPERATING A VEHICLE WHILE FATIGUED WHEN HE OR SHE OPERATES ANY VEHI-
    5  CLE WHILE HIS OR HER ABILITY TO DRIVE IS IMPAIRED BY FATIGUE.  PROOF  OF
    6  FATIGUED OPERATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
    7    (1) EVIDENCE THAT THE DEFENDANT FELL ASLEEP WHILE DRIVING;
    8    (2)  EVIDENCE  THAT  THE DEFENDANT WAS AWARE OR SHOULD REASONABLY HAVE
    9  BEEN EXPECTED TO BE AWARE THAT HE OR SHE  HAS  BEEN  WITHOUT  SLEEP  FOR
   10  TWENTY-FOUR OR MORE CONSECUTIVE HOURS.
   11    EVIDENCE  OF SUCH LACK OF SLEEP AS SET FORTH IN THIS SUBDIVISION SHALL
   12  CREATE A REBUTTABLE PRESUMPTION THAT SUCH PERSON'S ABILITY TO DRIVE  WAS
   13  IMPAIRED BY FATIGUE.
   14    (B)  FOR THE PURPOSES OF THIS SECTION, THE TERM "VEHICLE" SHALL MEAN A
   15  MOTOR VEHICLE, MOTORCYCLE, VESSEL, PUBLIC VESSEL,  SNOWMOBILE,  ALL-TER-
   16  RAIN  VEHICLE  OR  ANY  OTHER  VEHICLE PROPELLED BY ANY POWER OTHER THAN
   17  MUSCULAR POWER.
   18    (C) THIS SECTION SHALL NOT APPLY TO EMERGENCY PERSONNEL ENGAGED IN THE
   19  RESPONSE TO  A  CATASTROPHIC  EVENT  WHICH  AFFECTS  PUBLIC  SAFETY;  OR
   20  MEDICAL,  FIRE  OR AMBULANCE PERSONNEL RESPONDING TO CERTAIN EMERGENCIES
   21  OR CALLS FOR ASSISTANCE; OR PERSONS IMPAIRED BY  FATIGUE  UNDER  CIRCUM-
   22  STANCES  IN  WHICH  A  REASONABLE  PERSON WOULD NOT HAVE ANTICIPATED THE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00307-01-5
       A. 3506                             2

    1  ONSET OF FATIGUE NOR HAD A REASONABLE OPPORTUNITY TO DISCONTINUE  OPERA-
    2  TION OF HIS OR HER VEHICLE.
    3    (D)  EVERY  PERSON VIOLATING THIS SECTION SHALL BE GUILTY OF A CLASS A
    4  MISDEMEANOR. A FIRST VIOLATION OF THIS SECTION SHALL  BE  SUBJECT  TO  A
    5  FINE  NOT  TO  EXCEED  FIVE HUNDRED DOLLARS; ANY SUBSEQUENT VIOLATION OF
    6  THIS SECTION SHALL BE SUBJECT TO A  FINE  NOT  TO  EXCEED  ONE  THOUSAND
    7  DOLLARS   AND  MANDATORY  LICENSE  SUSPENSION  IN  ACCORDANCE  WITH  THE
    8  PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
    9    S 2. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
   10  traffic  law  is amended by adding a new subparagraph (xviii) to read as
   11  follows:
   12    (XVIII) FOR A PERIOD OF SIX MONTHS WHERE THE HOLDER IS CONVICTED OF  A
   13  VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF THIS CHAPTER.
   14    S  3. Subparagraph 2 of paragraph (a) of subdivision 2 of section 1193
   15  of the vehicle and traffic law, as amended by chapter 196 of the laws of
   16  1996, is amended and a new subparagraph 3 is added to read as follows:
   17    (2) Persons under the age of twenty-one; driving after having consumed
   18  alcohol. Six months, where the holder has been found to have operated  a
   19  motor  vehicle  after  having  consumed  alcohol in violation of section
   20  eleven hundred ninety-two-a of this article where such person was  under
   21  the age of twenty-one at the time of commission of such violation[.];
   22    (3)  PERSONS  UNDER  THE  AGE OF TWENTY-ONE; OPERATING A VEHICLE WHILE
   23  FATIGUED. SIX MONTHS, WHERE THE HOLDER HAS BEEN FOUND TO HAVE OPERATED A
   24  VEHICLE WHILE FATIGUED IN VIOLATION OF SECTION TWELVE  HUNDRED  TWELVE-A
   25  OF THIS CHAPTER WHERE SUCH PERSON WAS UNDER THE AGE OF TWENTY-ONE AT THE
   26  TIME OF COMMISSION OF SUCH VIOLATION.
   27    S 4. Section 120.03 of the penal law, as amended by chapter 732 of the
   28  laws of 2006, is amended to read as follows:
   29  S 120.03 Vehicular assault in the second degree.
   30    A  person  is guilty of vehicular assault in the second degree when he
   31  or she causes serious physical injury to another person, and either:
   32    (1) operates a motor vehicle in violation of subdivision  two,  three,
   33  four  or  four-a of section eleven hundred ninety-two of the vehicle and
   34  traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
   35  TWELVE-A OF THE VEHICLE AND TRAFFIC LAW or operates a vessel  or  public
   36  vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two
   37  of  section  forty-nine-a of the navigation law, and as a result of such
   38  intoxication or impairment by the use of a  drug,  or  by  the  combined
   39  influence  of  drugs or of alcohol and any drug or drugs, OR BY FATIGUE,
   40  operates such motor vehicle, vessel or public vessel in  a  manner  that
   41  causes such serious physical injury to such other person, or
   42    (2)  operates  a  motor  vehicle with a gross vehicle weight rating of
   43  more than eighteen thousand pounds which contains flammable gas,  radio-
   44  active  materials  or  explosives  in  violation  of  subdivision one of
   45  section eleven hundred ninety-two of the  vehicle  and  traffic  law  OR
   46  OPERATES  A  VEHICLE  IN VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF
   47  THE VEHICLE AND TRAFFIC LAW, and such flammable gas, radioactive materi-
   48  als or explosives is the cause of such serious physical injury, and as a
   49  result of such impairment by the use of alcohol, OR BY FATIGUE, operates
   50  such motor vehicle in a manner that causes such serious physical  injury
   51  to such other person, or
   52    (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
   53  subdivision  one  of section 25.24 of the parks, recreation and historic
   54  preservation law or operates an all terrain vehicle as defined in  para-
   55  graph (a) of subdivision one of section twenty-two hundred eighty-one of
   56  the  vehicle and traffic law and in violation of subdivision two, three,
       A. 3506                             3

    1  four, or four-a of section eleven hundred ninety-two of the vehicle  and
    2  traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
    3  TWELVE-A OF THE VEHICLE AND TRAFFIC LAW, and as a result of such intoxi-
    4  cation  or impairment by the use of a drug, or by the combined influence
    5  of drugs or of alcohol and any drug or drugs, OR  BY  FATIGUE,  operates
    6  such  snowmobile  or  all  terrain  vehicle in a manner that causes such
    7  serious physical injury to such other person.
    8    If it is established that the person  operating  such  motor  vehicle,
    9  vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
   10  serious physical injury while: (A) unlawfully intoxicated or impaired by
   11  the use of alcohol or a drug[,]; OR (B) UNLAWFULLY IMPAIRED  BY  FATIGUE
   12  then  there  shall be a rebuttable presumption that, as a result of such
   13  intoxication or impairment by the use of alcohol or a drug,  or  by  the
   14  combined  influence  of drugs or of alcohol and any drug or drugs, OR BY
   15  FATIGUE, such person operated the motor vehicle, vessel, public  vessel,
   16  snowmobile  or  all terrain vehicle in a manner that caused such serious
   17  physical injury, as required by this section.
   18    Vehicular assault in the second degree is a class E felony.
   19    S 5. The second undesignated paragraph of section 120.04 of the  penal
   20  law,  as  amended by chapter 496 of the laws of 2009, is amended to read
   21  as follows:
   22    If it is established that the  person  operating  such  motor  vehicle
   23  caused  such  serious  physical injury or injuries while: (A) unlawfully
   24  intoxicated or impaired by the use of alcohol  or  a  drug,  or  by  the
   25  combined  influence  of drugs or of alcohol and any drug or drugs[,]; OR
   26  (B) UNLAWFULLY IMPAIRED BY FATIGUE then  there  shall  be  a  rebuttable
   27  presumption  that, as a result of such intoxication or impairment by the
   28  use of alcohol or a drug, or by the combined influence of  drugs  or  of
   29  alcohol  and  any drug or drugs, OR BY FATIGUE, such person operated the
   30  motor vehicle in a manner that caused such serious  physical  injury  or
   31  injuries,  as  required by this section and section 120.03 of this arti-
   32  cle.
   33    S 6. Section 125.12 of the penal law, as amended by chapter 732 of the
   34  laws of 2006, is amended to read as follows:
   35  S 125.12 Vehicular manslaughter in the second degree.
   36    A person is guilty of vehicular manslaughter in the second degree when
   37  he or she causes the death of another person, and either:
   38    (1) operates a motor vehicle in violation of subdivision  two,  three,
   39  four  or  four-a of section eleven hundred ninety-two of the vehicle and
   40  traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
   41  TWELVE-A OF THE VEHICLE AND TRAFFIC LAW or operates a vessel  or  public
   42  vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two
   43  of  section  forty-nine-a of the navigation law, and as a result of such
   44  intoxication or impairment by the use of a  drug,  or  by  the  combined
   45  influence of drugs or of alcohol and any drug or drugs OR FATIGUE, oper-
   46  ates such motor vehicle, vessel or public vessel in a manner that causes
   47  the death of such other person, or
   48    (2)  operates  a  motor  vehicle with a gross vehicle weight rating of
   49  more than eighteen thousand pounds which contains flammable gas,  radio-
   50  active  materials  or  explosives  in  violation  of  subdivision one of
   51  section eleven hundred ninety-two of the  vehicle  and  traffic  law  OR
   52  OPERATES  A  VEHICLE  IN VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF
   53  THE VEHICLE AND TRAFFIC LAW, and such flammable gas, radioactive materi-
   54  als or explosives is the cause of such death, and as a  result  of  such
   55  impairment  by  the  use  of alcohol, OR BY FATIGUE, operates such motor
   56  vehicle in a manner that causes the death of such other person, or
       A. 3506                             4

    1    (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
    2  subdivision one of section 25.24 of the parks, recreation  and  historic
    3  preservation  law or operates an all terrain vehicle as defined in para-
    4  graph (a) of subdivision one of section twenty-two hundred eighty-one of
    5  the  vehicle  and  traffic  law  in violation of subdivision two, three,
    6  four, or four-a of section eleven hundred ninety-two of the vehicle  and
    7  traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
    8  TWELVE-A OF THE VEHICLE AND TRAFFIC LAW, and as a result of such intoxi-
    9  cation  or impairment by the use of a drug, or by the combined influence
   10  of drugs or of alcohol and any drug or drugs OR FATIGUE,  operates  such
   11  snowmobile  or  all terrain vehicle in a manner that causes the death of
   12  such other person.
   13    If it is established that the person  operating  such  motor  vehicle,
   14  vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
   15  death while: (A) unlawfully intoxicated or impaired by the use of  alco-
   16  hol or a drug[,]; OR (B) UNLAWFULLY IMPAIRED BY FATIGUE then there shall
   17  be  a  rebuttable  presumption that, as a result of such intoxication or
   18  impairment by the use of alcohol or a drug, or by the combined influence
   19  of drugs or of alcohol and any drug or drugs, OR BY FATIGUE, such person
   20  operated the motor vehicle, vessel, public  vessel,  snowmobile  or  all
   21  terrain  vehicle in a manner that caused such death, as required by this
   22  section.
   23    Vehicular manslaughter in the second degree is a class D felony.
   24    S 7. The second undesignated paragraph of section 125.13 of the  penal
   25  law,  as  amended by chapter 496 of the laws of 2009, is amended to read
   26  as follows:
   27    If it is established that the  person  operating  such  motor  vehicle
   28  caused  such  death  or  deaths  while:  (A)  unlawfully  intoxicated or
   29  impaired by the use of alcohol or a drug, or by the  combined  influence
   30  of  drugs  or  of  alcohol  and  any drug or drugs[,]; OR (B) UNLAWFULLY
   31  IMPAIRED BY FATIGUE then there shall be a rebuttable  presumption  that,
   32  as  a result of such intoxication or impairment by the use of alcohol or
   33  a drug, or by the combined influence of drugs or of alcohol and any drug
   34  or drugs, OR BY FATIGUE such person operated  the  motor  vehicle  in  a
   35  manner that caused such death or deaths, as required by this section and
   36  section 125.12 of this article.
   37    S 8. This act shall take effect on the one hundred eightieth day after
   38  it shall have become a law.
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