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.
STATE OF NEW YORK
________________________________________________________________________
1536
2011-2012 Regular Sessions
IN SENATE
January 10, 2011
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed 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 § 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.
LBD05515-01-1
S. 1536 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 § 2. Paragraph b of subdivision 2 of section 510 of the vehicle and
10 traffic law is amended by adding a new subparagraph (xvi) to read as
11 follows:
12 (xvi) 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 § 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 § 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 § 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,
S. 1536 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 § 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 § 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 § 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
S. 1536 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 § 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 § 8. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law.
