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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3506
SPONSOR: Galef TITLE OF BILL: An act to amend the vehicle and traffic law and the
penal law, in relation to operating a vehicle while fatigued; in
relation to vehicular assault and vehicular manslaughter; and providing
for the mandatory suspension of a driver's license upon conviction of
operating a vehicle while fatigued
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to strengthen provisions of the Vehi-
cle and Traffic law, and Penal Law that relate to the crime of vehicular
assault and vehicular manslaughter when serious physical injury or death
is caused by a person driving a vehicle while impaired because of lack
of sleep.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. A new section 1212-a is added to the Vehicle and Traffic Law,
which reads as follows: Operating a vehicle while fatigued. (a) A person
is guilty of operating a vehicle while fatigued when he or she operates
any vehicle while his or her ability to drive is impaired by fatigue.
Proof of fatigue operation shall include, but not be limited to: (1)
evidence that the defendant fell asleep while driving; (2) evidence that
the defendant had been without sleep for twenty-four our more consec-
utive hours. (b) Defines "vehicle" as a motor vehicle, motorcycle,
vessel, public vessel, snowmobile, all-terrain vehicle or any other
vehicle propelled by any power other than muscles. (c) This does not
apply to emergency personnel responding to a catastrophic event that
affects public safety; or responding to emergencies or calls for assist-
ance; or to persons impaired by fatigue under circumstances in which a
reasonable person would not have anticipated the onset of fatigue nor
had a reasonable opportunity to discontinue operation of their vehicle.
(d) Every person violating this section shall be guilty of a class A
misdemeanor. First Violation is subject to a fine of $500 or less; any
subsequent violation of this section shall be subject t o a fine of
$1,000 or less, and mandatory license suspension.
Section 2. A new subparagraph (xviii) is added to paragraph b of subdi-
vision 2 of section 510 of the Vehicle and Traffic Law, and reads as
follows: (xviii) For a period of six months where the holder is
convicted of a violation of section twelve hundred twelve-a of this
chapter.
Section 3. A new subparagraph 3 is added to subparagraph 2 of paragraph
(a) of subdivision 2 of section 1193 of the Vehicle and Traffic Law to
read as follows: (3) Persons under the age of twenty-one; operating a
vehicle while fatigued. Six months, where the holder has been found to
have operated a vehicle while fatigued in violation of section 1 above,
and where such person was under the age of 21 at the time of commission
of such violation.
Section 4. Section 120.03 of the Penal Law is amended by adding 'driving
while fatigued' under the category of the vehicular assault in the
second degree.
Section 5. The second undesignated paragraph of section 120.04 of the
Penal Law is amended by adding 'unlawfully impaired by fatigue'.
Section 6. Section 125.12 of the Penal Law is amended by including the
operation of a vehicle while fatigued as part of 'vehicular manslaughter
in the second degree'.
Section 7. The second undesignated paragraph of section 15.13 of the
Penal Law is amended by adding 'unlawfully impaired by fatigued'.
Section 8. Establishes the effective date.
JUSTIFICATION:
Current Criminal Law provisions are an inadequate deterrent to drivers
who knowingly operate a vehicle while fatigued and drowsy. This creates
an enhanced risk of serious injury to, or the death of, innocent
victims. In 2012 study in the Journal Archives of Internal Medicine, it
was found there was no difference between driving sleepy or drunk. Both
doubled the risk of causing a car accident in addition, the National
Highway Traffic Safety Administration estimates that 100,000 crashes
reported each year are the result of fatigue and sleepiness.
The addition of the rebuttable presumption provision would create a
causal link between a driver who causes serious physical injury or death
and a presumption that it was his or her drowsiness that was the cause.
The accused would be able to rebut such a presumption by presenting
evidence that shows that it was a separate intervening factor or factors
that caused the serious injury or death.
PRIOR LEGISLATIVE HISTORY:
A. 9278 and S. 485-A of 2013/2014
A. 2535 and S. 1536 of 2011/2012
A. 4207-A and S. 1372-A of 2009/2010
A. 4143 and S. 2488 of 2007/2008
FISCAL IMPLICATIONS:
There are no fiscal implications connected with the passage of this
legislation.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
