senate Bill S485A

2013-2014 Legislative Session

Establishes the crime of operating a vehicle while fatigued

download bill text pdf

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Archive: Last Bill Status -


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 11, 2014 print number 485a
amend and recommit to transportation
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S485 - Details

See Assembly Version of this Bill:
A9278
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1212-a, amd §§510 & 1193, V & T L; amd §§120.03, 120.04, 125.12 & 125.13, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1536, A2535
2009-2010: S1372A, A4207A

S485 - Summary

Establishes the crime of operating a vehicle while fatigued; relates to vehicular assault and vehicular manslaughter by including within the definition of such crimes the operation of a vehicle while fatigued where the result of such operation is serious physical injury or death to another person.

S485 - Sponsor Memo

S485 - Bill Text download pdf

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

                                   485

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
  relation to operating a vehicle while fatigued; in relation to vehicu-
  lar assault and vehicular manslaughter; and providing for the mandato-
  ry  suspension  of  a  driver's license upon conviction of operating a
  vehicle while fatigued

  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. OPERATING A VEHICLE WHILE FATIGUED.  (A) A PERSON IS  GUILTY
OF  OPERATING A VEHICLE WHILE FATIGUED WHEN HE OR SHE OPERATES ANY VEHI-
CLE WHILE HIS OR HER ABILITY TO DRIVE IS IMPAIRED BY FATIGUE.  PROOF  OF
FATIGUED OPERATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (1) EVIDENCE THAT THE DEFENDANT FELL ASLEEP WHILE DRIVING;
  (2)  EVIDENCE  THAT  THE DEFENDANT WAS AWARE OR SHOULD REASONABLY HAVE
BEEN EXPECTED TO BE AWARE THAT HE OR SHE  HAS  BEEN  WITHOUT  SLEEP  FOR
TWENTY-FOUR OR MORE CONSECUTIVE HOURS.
  EVIDENCE  OF SUCH LACK OF SLEEP AS SET FORTH IN THIS SUBDIVISION SHALL
CREATE A REBUTTABLE PRESUMPTION THAT SUCH PERSON'S ABILITY TO DRIVE  WAS
IMPAIRED BY FATIGUE.
  (B)  FOR THE PURPOSES OF THIS SECTION, THE TERM "VEHICLE" SHALL MEAN A
MOTOR VEHICLE, MOTORCYCLE, VESSEL, PUBLIC VESSEL,  SNOWMOBILE,  ALL-TER-
RAIN  VEHICLE  OR  ANY  OTHER  VEHICLE PROPELLED BY ANY POWER OTHER THAN
MUSCULAR POWER.
  (C) 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; OR PERSONS IMPAIRED BY  FATIGUE  UNDER  CIRCUM-

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

S485A (ACTIVE) - Details

See Assembly Version of this Bill:
A9278
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1212-a, amd §§510 & 1193, V & T L; amd §§120.03, 120.04, 125.12 & 125.13, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1536, A2535
2009-2010: S1372A, A4207A

S485A (ACTIVE) - Summary

Establishes the crime of operating a vehicle while fatigued; relates to vehicular assault and vehicular manslaughter by including within the definition of such crimes the operation of a vehicle while fatigued where the result of such operation is serious physical injury or death to another person.

S485A (ACTIVE) - Sponsor Memo

S485A (ACTIVE) - Bill Text download pdf

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

                                 485--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  vehicle  and  traffic law and the penal law, in
  relation to operating a vehicle while fatigued; in relation to vehicu-
  lar assault and vehicular manslaughter; and providing for the mandato-
  ry suspension of a driver's license upon  conviction  of  operating  a
  vehicle while fatigued

  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. OPERATING A VEHICLE WHILE FATIGUED.  (A) A PERSON IS GUILTY
OF OPERATING A VEHICLE WHILE FATIGUED WHEN HE OR SHE OPERATES ANY  VEHI-
CLE  WHILE  HIS OR HER ABILITY TO DRIVE IS IMPAIRED BY FATIGUE. PROOF OF
FATIGUED OPERATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (1) EVIDENCE THAT THE DEFENDANT FELL ASLEEP WHILE DRIVING;
  (2) EVIDENCE THAT THE DEFENDANT WAS AWARE OR  SHOULD  REASONABLY  HAVE
BEEN  EXPECTED  TO  BE  AWARE  THAT HE OR SHE HAS BEEN WITHOUT SLEEP FOR
TWENTY-FOUR OR MORE CONSECUTIVE HOURS.
  EVIDENCE OF SUCH LACK OF SLEEP AS SET FORTH IN THIS SUBDIVISION  SHALL
CREATE  A REBUTTABLE PRESUMPTION THAT SUCH PERSON'S ABILITY TO DRIVE WAS
IMPAIRED BY FATIGUE.
  (B) FOR THE PURPOSES OF THIS SECTION, THE TERM "VEHICLE" SHALL MEAN  A
MOTOR  VEHICLE,  MOTORCYCLE, VESSEL, PUBLIC VESSEL, SNOWMOBILE, ALL-TER-
RAIN VEHICLE OR ANY OTHER VEHICLE PROPELLED  BY  ANY  POWER  OTHER  THAN
MUSCULAR POWER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03118-03-4

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