|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 11, 2011||enacting clause stricken|
|Jan 05, 2011||referred to transportation|
assembly Bill A1161
Archive: Last Bill Status - Stricken
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Dennis H. Gabryszak
A1161 (ACTIVE) - Details
A1161 (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.
A1161 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1161 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. BING, ORTIZ, CAHILL, TITUS, GABRYSZAK -- Multi- Sponsored by -- M. of A. BOYLAND, BROOK-KRASNY, COOK, CYMBROWITZ, HOOPER, LAVINE, MILLMAN, TOWNS -- 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00659-01-1
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