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Assembly Bill A5222

2013-2014 Legislative Session

Relates to driving while ability impaired by fatigue and aggravated driving while ability impaired by fatigue

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Archive: Last Bill Status - In Assembly Committee

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2013-A5222 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1212-a, V & T L
Versions Introduced in 2011-2012 Legislative Session:
A7192

2013-A5222 (ACTIVE) - Summary

Relates to driving while ability impaired by fatigue and aggravated driving while ability impaired by fatigue; makes aggravated driving while ability impaired by fatigue a misdemeanor.

2013-A5222 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5222

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic  law,  in  relation  to  driving
  while ability impaired by fatigue and aggravated driving while ability
  impaired by fatigue

  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 ABILITY IMPAIRED BY FATIGUE; AGGRAVATED DRIV-
ING WHILE  ABILITY  IMPAIRED  BY  FATIGUE.  (A)  DRIVING  WHILE  ABILITY
IMPAIRED BY FATIGUE. A PERSON COMMITS THE OFFENSE OF DRIVING WHILE ABIL-
ITY  IMPAIRED  BY  FATIGUE  WHEN  HE OR SHE DRIVES, OPERATES OR USES ANY
MOTOR VEHICLE, MOTORCYCLE OR ANY OTHER VEHICLE PROPELLED  BY  ANY  POWER
OTHER  THAN  MUSCULAR  POWER OR ANY APPLIANCE OR ACCESSORY THEREOF WHILE
HIS OR HER ABILITY OR ALERTNESS IS SO IMPAIRED, OR SO LIKELY  TO  BECOME
IMPAIRED,  THROUGH  FATIGUE AS TO MAKE IT UNSAFE FOR HIM OR HER TO BEGIN
OR CONTINUE TO OPERATE SAID MOTOR VEHICLE, MOTORCYCLE OR ANY OTHER VEHI-
CLE PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER OR ANY APPLIANCE OR
ACCESSORY THEREOF. DRIVING WHILE ABILITY IMPAIRED BY FATIGUE IS  PROHIB-
ITED.
  (B)  AGGRAVATED  DRIVING  WHILE ABILITY IMPAIRED BY FATIGUE.  A PERSON
COMMITS THE OFFENSE OF AGGRAVATED DRIVING WHILE ABILITY IMPAIRED WHEN HE
OR SHE COMMITS THE OFFENSE OF DRIVING WHILE ABILITY IMPAIRED BY  FATIGUE
AS  DEFINED  IN  SUBDIVISION  (A)  OF THIS SECTION AND HE OR SHE THEREBY
CAUSES: (I) SERIOUS PHYSICAL INJURY AS DEFINED  IN  SUBDIVISION  TEN  OF
SECTION  10.00 OF THE PENAL LAW; OR (II) THE DEATH OF ANY PERSON. AGGRA-
VATED DRIVING WHILE ABILITY IMPAIRED BY FATIGUE  IS  PROHIBITED.  AGGRA-
VATED DRIVING WHILE ABILITY IMPAIRED IS A MISDEMEANOR.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04760-01-3

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