Assembly Bill A2384

2013-2014 Legislative Session

Relates to driving while ability impaired by fatigue

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A2384 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1212-a, V & T L; amd §120.03, add §125.23, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1637
2011-2012: A1161, A8629
2015-2016: A692
2017-2018: A486
2019-2020: A1921

2013-A2384 (ACTIVE) - Summary

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.

2013-A2384 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1212-a to read as follows:
  S 1212-A. DRIVING WHILE DROWSY. (A) A  PERSON  IS  GUILTY  OF  DRIVING
WHILE  DROWSY  WHEN HE OR SHE OPERATES ANY MOTOR VEHICLE, MOTORCYCLE, OR
ANY OTHER VEHICLE PROPELLED BY ANY  POWER  OTHER  THAN  MUSCULAR  POWER,
WHILE  HIS  OR HER ABILITY TO DRIVE IS IMPAIRED BY FATIGUE. FOR PURPOSES
OF THIS SECTION, PROOF THAT A PERSON FELL ASLEEP WHILE DRIVING OR  PROOF
THAT A PERSON HAS BEEN WITHOUT SLEEP FOR TWENTY-FOUR OR MORE CONSECUTIVE
HOURS  SHALL  CREATE A REBUTTABLE PRESUMPTION THAT SUCH PERSON'S ABILITY
TO DRIVE WAS IMPAIRED BY FATIGUE.
  (B) THIS SECTION SHALL NOT APPLY TO EMERGENCY PERSONNEL ENGAGED IN THE
RESPONSE TO  A  CATASTROPHIC  EVENT  WHICH  AFFECTS  PUBLIC  SAFETY;  OR
MEDICAL,  FIRE  OR AMBULANCE PERSONNEL RESPONDING TO CERTAIN EMERGENCIES
OR CALLS FOR ASSISTANCE.
  (C) EVERY PERSON VIOLATING THIS SECTION SHALL BE GUILTY OF A  CLASS  A
MISDEMEANOR.  A  FIRST  VIOLATION  OF THIS SECTION SHALL BE SUBJECT TO A
FINE NOT TO EXCEED FIVE HUNDRED DOLLARS;  ANY  SUBSEQUENT  VIOLATION  OF
THIS  SECTION  SHALL  BE  SUBJECT  TO  A FINE NOT TO EXCEED ONE THOUSAND
DOLLARS AND LICENSE REVOCATION WITHIN THE DISCRETION OF THE COURT.
  S 2. Section 120.03 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
  (1-A) CAUSES SUCH SERIOUS PHYSICAL INJURY BY OPERATION OF A VEHICLE IN
VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF THE VEHICLE AND  TRAFFIC
LAW, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03117-01-3

              

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