S T A T E O F N E W Y O R K
________________________________________________________________________
4886
2011-2012 Regular Sessions
I N A S S E M B L Y
February 9, 2011
___________
Introduced by M. of A. CALHOUN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law and the penal law, in
relation to operating a vehicle while under the influence of alcohol
or drugs with a developmentally disabled person in the vehicle
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2-a of section 1192 of the
vehicle and traffic law, as amended by chapter 496 of the laws of 2009,
is amended to read as follows:
(b) With a child OR DEVELOPMENTALLY DISABLED PERSON. No person shall
operate a motor vehicle in violation of subdivision two, three, four or
four-a of this section while a child who is fifteen years of age or less
OR A PERSON WITH A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION
TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW OR A PERSON WHOSE
MEDICAL CONDITION WOULD BE CONSIDERED A DEVELOPMENTAL DISABILITY IF ITS
ONSET ORIGINATED AT AGE TWENTY-TWO OR AFTER is a passenger in such motor
vehicle.
S 2. The subdivision heading and paragraph (a) of subdivision 12 of
section 1192 of the vehicle and traffic law, as amended by chapter 496
of the laws of 2009, are amended to read as follows:
Driving while intoxicated or while ability impaired by drugs--serious
physical injury or death or child OR DEVELOPMENTALLY DISABLED PERSON in
the vehicle. (a) In every case where a person is charged with a
violation of subdivision two, two-a, three, four or four-a of this
section, the law enforcement officer alleging such charge shall make a
clear notation in the "Description of Violation" section of a simplified
traffic information (i) if, arising out of the same incident, someone
other than the person charged was killed or suffered serious physical
injury as defined in section 10.00 of the penal law; such notation shall
be in the form of a "D" if someone other than the person charged was
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08236-03-1
A. 4886 2
killed and such notation shall be in the form of a "S.P.I." if someone
other than the person charged suffered serious physical injury; [and]
(ii) if a child aged fifteen years or less OR A DEVELOPMENTALLY DISABLED
PERSON was present in the vehicle of the person charged with a violation
of subdivision two, two-a, three, four or four-a of this section; such
notation shall be in the form of "C.I.V."; AND (III) IF A DEVELOP-
MENTALLY DISABLED PERSON WAS PRESENT IN THE VEHICLE OF THE PERSON
CHARGED WITH A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR
FOUR-A OF THIS SECTION; SUCH NOTATION SHALL BE IN THE FORM OF "D.D.P.".
Provided, however, that the failure to make such notations shall in no
way affect a charge for a violation of subdivision two, two-a, three,
four or four-a of this section.
S 3. Subdivision 6 of section 120.04 of the penal law, as added by
chapter 496 of the laws of 2009, is amended to read as follows:
(6) commits such crime while operating a motor vehicle while a child
who is fifteen years of age or less OR A DEVELOPMENTALLY DISABLED PERSON
is a passenger in such motor vehicle and causes serious physical injury
to such child.
S 4. Subdivision 6 of section 120.04-a of the penal law, as added by
chapter 496 of the laws of 2009, is amended to read as follows:
(6) commits such crime while operating a motor vehicle while a child
who is fifteen years of age or less OR A DEVELOPMENTALLY DISABLED PERSON
is a passenger in such motor vehicle and causes serious physical injury
to such child.
S 5. Subdivision 6 of section 125.13 of the penal law, as added by
chapter 496 of the laws of 2009, is amended to read as follows:
(6) commits such crime while operating a motor vehicle while a child
who is fifteen years of age or less OR A DEVELOPMENTALLY DISABLED PERSON
is a passenger in such motor vehicle and causes the death of such child.
S 6. Subdivision 7 of section 125.14 of the penal law, as added by
chapter 496 of the laws of 2009, is amended to read as follows:
(7) commits such crime while operating a motor vehicle while a child
who is fifteen years of age or less OR A DEVELOPMENTALLY DISABLED PERSON
is a passenger in such motor vehicle and causes the death of such child.
S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.