assembly Bill A2384

2013-2014 Legislative Session

Relates to driving while ability impaired by fatigue

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 14, 2013 referred to transportation

A2384 - Details

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 Previous Legislative Sessions:
2011-2012: A8629
2009-2010: A1637

A2384 - 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.

A2384 - 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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.