assembly Bill A1161

2011-2012 Legislative Session

Relates to driving while ability impaired by fatigue

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Sponsored By

Archive: Last Bill Status - Stricken


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 11, 2011 enacting clause stricken
Jan 05, 2011 referred to transportation

Co-Sponsors

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A1161 (ACTIVE) - Details

Current Committee:
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
2013-2014: A2384
2015-2016: A692
2017-2018: A486
2019-2020: A1921

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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