senate Bill S485A

2013-2014 Legislative Session

Establishes the crime of operating a vehicle while fatigued

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Archive: Last Bill Status - In Committee


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

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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

Bill Amendments

Original
A (Active)
Original
A (Active)

S485 - Bill Details

See Assembly Version of this Bill:
A9278
Current Committee:
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 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S485

TITLE OF BILL:
An act
to amend the vehicle and traffic law and the penal law, in relation to
operating a vehicle while fatigued; in relation to vehicular assault and
vehicular manslaughter; and providing for the mandatory suspension of a
driver's license upon conviction of operating a vehicle while fatigued

PURPOSE:
To strengthen provisions of the vehicle and traffic law and
penal law that relate to the crimes of vehicular assault and
vehicular manslaughter when serious physical injury or death is
caused by a person driving a vehicle while impaired because of lack
of sleep.

SUMMARY OF PROVISIONS:
Vehicle and Traffic Law is amended by adding a new section 1212-a:

* Defines operating a vehicle while fatigued.
* Defines what constitutes proof that a person fell asleep while driving.
* Defines criteria for rebuttable presumption.
* Defines vehicle included in law.
* This section shall not apply to emergency personnel engaged in
response to catastrophic event which affects public safety; or
medical, fire or ambulance personnel responding to certain
emergencies or calls for assistance.
* Defines class of crime and penalties.

Paragraph b of subdivision 2 of section 510 of the vehicle and traffic
law is amended by adding a new subparagraph (xvi) regarding penalties.

Subparagraph 2 of paragraph (a) of subdivision 2 of section 1193 of
the V & TL, as amended by chapter 196 of the laws of 1996 is amended
and a new subparagraph 3 is added regarding penalties for persons
under the age of twenty one.

Section 120.03 of the penal law is amended as amended by chapter 732 of
the laws of 2006 is amended to include driving while fatigued as
vehicular assault in the second degree.

JUSTIFICATION:
Current criminal law provisions are an inadequate
deterrent to drivers who knowingly operate a vehicle while fatigued
and drowsy. This creates an enhanced risk of serious injury to, or
the death of, innocent victims. A.2012 study in the journal Archives
of Internal Medicine found there was no difference between driving
sleepy or drunk. Both doubled the risk of causing a car accident In
addition, the National Highway Traffic safety Administration
estimates that 100,000 crashes reported each year are the result of
fatigue and sleepiness.

The addition of the rebuttable presumption provision would create a
causal link between a driver who causes serious physical injury or
death and a presumption that it was his or her drowsiness that was
the cause. The accused would be able to rebut such a presumption by


presenting evidence that shows that it was a separate intervening
factor or factors that caused the serious injury or death.

LEGISLATIVE HISTORY:
This bill has been previously introduced

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
180 days after it shall become law.

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                    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.
                                                           LBD03118-01-3

S. 485                              2

STANCES  IN  WHICH  A  REASONABLE  PERSON WOULD NOT HAVE ANTICIPATED THE
ONSET OF FATIGUE NOR HAD A REASONABLE OPPORTUNITY TO DISCONTINUE  OPERA-
TION OF HIS OR HER VEHICLE.
  (D)  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  MANDATORY  LICENSE  SUSPENSION  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
  S 2. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
traffic  law  is  amended  by adding a new subparagraph (xvi) to read as
follows:
  (XVI) FOR A PERIOD OF SIX MONTHS WHERE THE HOLDER IS  CONVICTED  OF  A
VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF THIS CHAPTER.
  S  3. Subparagraph 2 of paragraph (a) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by chapter 196 of the laws of
1996, is amended and a new subparagraph 3 is added to read as follows:
  (2) Persons under the age of twenty-one; driving after having consumed
alcohol. Six months, where the holder has been found to have operated  a
motor  vehicle  after  having  consumed  alcohol in violation of section
eleven hundred ninety-two-a of this article where such person was  under
the age of twenty-one at the time of commission of such violation[.];
  (3)  PERSONS  UNDER  THE  AGE OF TWENTY-ONE; OPERATING A VEHICLE WHILE
FATIGUED. SIX MONTHS, WHERE THE HOLDER HAS BEEN FOUND TO HAVE OPERATED A
VEHICLE WHILE FATIGUED IN VIOLATION OF SECTION TWELVE  HUNDRED  TWELVE-A
OF THIS CHAPTER WHERE SUCH PERSON WAS UNDER THE AGE OF TWENTY-ONE AT THE
TIME OF COMMISSION OF SUCH VIOLATION.
  S 4. Section 120.03 of the penal law, as amended by chapter 732 of the
laws of 2006, is amended to read as follows:
S 120.03 Vehicular assault in the second degree.
  A  person  is guilty of vehicular assault in the second degree when he
or she causes serious physical injury to another person, and either:
  (1) operates a motor vehicle in violation of subdivision  two,  three,
four  or  four-a of section eleven hundred ninety-two of the vehicle and
traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWELVE-A OF THE VEHICLE AND TRAFFIC LAW or operates a vessel  or  public
vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two
of  section  forty-nine-a of the navigation law, and as a result of such
intoxication or impairment by the use of a  drug,  or  by  the  combined
influence  of  drugs or of alcohol and any drug or drugs, OR BY FATIGUE,
operates such motor vehicle, vessel or public vessel in  a  manner  that
causes such serious physical injury to such other person, or
  (2)  operates  a  motor  vehicle with a gross vehicle weight rating of
more than eighteen thousand pounds which contains flammable gas,  radio-
active  materials  or  explosives  in  violation  of  subdivision one of
section eleven hundred ninety-two of the  vehicle  and  traffic  law  OR
OPERATES  A  VEHICLE  IN VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF
THE VEHICLE AND TRAFFIC LAW, and such flammable gas, radioactive materi-
als or explosives is the cause of such serious physical injury, and as a
result of such impairment by the use of alcohol, OR BY FATIGUE, operates
such motor vehicle in a manner that causes such serious physical  injury
to such other person, or
  (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision  one  of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in  para-
graph (a) of subdivision one of section twenty-two hundred eighty-one of

S. 485                              3

the  vehicle and traffic law and in violation of subdivision two, three,
four, or four-a of section eleven hundred ninety-two of the vehicle  and
traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWELVE-A OF THE VEHICLE AND TRAFFIC LAW, and as a result of such intoxi-
cation  or impairment by the use of a drug, or by the combined influence
of drugs or of alcohol and any drug or drugs, OR  BY  FATIGUE,  operates
such  snowmobile  or  all  terrain  vehicle in a manner that causes such
serious physical injury to such other person.
  If it is established that the person  operating  such  motor  vehicle,
vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
serious physical injury while: (A) unlawfully intoxicated or impaired by
the use of alcohol or a drug[,]; OR (B) UNLAWFULLY IMPAIRED  BY  FATIGUE
then  there  shall be a rebuttable presumption that, as a result of such
intoxication or impairment by the use of alcohol or a drug,  or  by  the
combined  influence  of drugs or of alcohol and any drug or drugs, OR BY
FATIGUE, such person operated the motor vehicle, vessel, public  vessel,
snowmobile  or  all terrain vehicle in a manner that caused such serious
physical injury, as required by this section.
  Vehicular assault in the second degree is a class E felony.
  S 5. The second undesignated paragraph of section 120.04 of the  penal
law,  as  amended by chapter 496 of the laws of 2009, is amended to read
as follows:
  If it is established that the  person  operating  such  motor  vehicle
caused  such  serious  physical injury or injuries while: (A) unlawfully
intoxicated or impaired by the use of alcohol  or  a  drug,  or  by  the
combined  influence  of drugs or of alcohol and any drug or drugs[,]; OR
(B) UNLAWFULLY IMPAIRED BY FATIGUE then  there  shall  be  a  rebuttable
presumption  that, as a result of such intoxication or impairment by the
use of alcohol or a drug, or by the combined influence of  drugs  or  of
alcohol  and  any drug or drugs, OR BY FATIGUE, such person operated the
motor vehicle in a manner that caused such serious  physical  injury  or
injuries,  as  required by this section and section 120.03 of this arti-
cle.
  S 6. Section 125.12 of the penal law, as amended by chapter 732 of the
laws of 2006, is amended to read as follows:
S 125.12 Vehicular manslaughter in the second degree.
  A person is guilty of vehicular manslaughter in the second degree when
he or she causes the death of another person, and either:
  (1) operates a motor vehicle in violation of subdivision  two,  three,
four  or  four-a of section eleven hundred ninety-two of the vehicle and
traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWELVE-A OF THE VEHICLE AND TRAFFIC LAW or operates a vessel  or  public
vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two
of  section  forty-nine-a of the navigation law, and as a result of such
intoxication or impairment by the use of a  drug,  or  by  the  combined
influence of drugs or of alcohol and any drug or drugs OR FATIGUE, oper-
ates such motor vehicle, vessel or public vessel in a manner that causes
the death of such other person, or
  (2)  operates  a  motor  vehicle with a gross vehicle weight rating of
more than eighteen thousand pounds which contains flammable gas,  radio-
active  materials  or  explosives  in  violation  of  subdivision one of
section eleven hundred ninety-two of the  vehicle  and  traffic  law  OR
OPERATES  A  VEHICLE  IN VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF
THE VEHICLE AND TRAFFIC LAW, and such flammable gas, radioactive materi-
als or explosives is the cause of such death, and as a  result  of  such

S. 485                              4

impairment  by  the  use  of alcohol, OR BY FATIGUE, operates such motor
vehicle in a manner that causes the death of such other person, or
  (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision  one  of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in  para-
graph (a) of subdivision one of section twenty-two hundred eighty-one of
the  vehicle  and  traffic  law  in violation of subdivision two, three,
four, or four-a of section eleven hundred ninety-two of the vehicle  and
traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWELVE-A OF THE VEHICLE AND TRAFFIC LAW, and as a result of such intoxi-
cation  or impairment by the use of a drug, or by the combined influence
of drugs or of alcohol and any drug or drugs OR FATIGUE,  operates  such
snowmobile  or  all terrain vehicle in a manner that causes the death of
such other person.
  If it is established that the person  operating  such  motor  vehicle,
vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
death while: (A) unlawfully intoxicated or impaired by the use of  alco-
hol or a drug[,]; OR (B) UNLAWFULLY IMPAIRED BY FATIGUE then there shall
be  a  rebuttable  presumption that, as a result of such intoxication or
impairment by the use of alcohol or a drug, or by the combined influence
of drugs or of alcohol and any drug or drugs, OR BY FATIGUE, such person
operated the motor vehicle, vessel, public  vessel,  snowmobile  or  all
terrain  vehicle in a manner that caused such death, as required by this
section.
  Vehicular manslaughter in the second degree is a class D felony.
  S 7. The second undesignated paragraph of section 125.13 of the  penal
law,  as  amended by chapter 496 of the laws of 2009, is amended to read
as follows:
  If it is established that the  person  operating  such  motor  vehicle
caused  such  death  or  deaths  while:  (A)  unlawfully  intoxicated or
impaired by the use of alcohol or a drug, or by the  combined  influence
of  drugs  or  of  alcohol  and  any drug or drugs[,]; OR (B) UNLAWFULLY
IMPAIRED BY FATIGUE then there shall be a rebuttable  presumption  that,
as  a result of such intoxication or impairment by the use of alcohol or
a drug, or by the combined influence of drugs or of alcohol and any drug
or drugs, OR BY FATIGUE such person operated  the  motor  vehicle  in  a
manner that caused such death or deaths, as required by this section and
section 125.12 of this article.
  S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

S485A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9278
Current Committee:
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) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S485A

TITLE OF BILL: An act to amend the vehicle and traffic law and the
penal law, in relation to operating a vehicle while fatigued; in
relation to vehicular assault and vehicular manslaughter; and
providing for the mandatory suspension of a driver's license upon
conviction of operating a vehicle while fatigued

PURPOSE:

To strengthen provisions of the vehicle and traffic law andthe penal
law that relate to the crimes of vehicular assault and vehicular
manslaughter when serious physical injury or death is caused by a
person driving a vehicle while impaired because of lack of sleep.

SUMMARY OF PROVISIONS:

Vehicle and Traffic Law is amended by adding a new section 1212-a:

*Defines operating a vehicle while fatigued.

*Defines what constitutes proof that a person fell asleep while
driving

*Defines criteria for rebuttable presumption

*Defines vehicle included in law

*This section shall not apply to emergency personnel engaged in
response to catastrophic event which affects public safety; or
medical, fire or ambulance personnel responding to certain emergencies
or call for assistance.

* Defines class of crime and penalties.

Paragraph b of subdivision 2 of section 510 of the vehicle and traffic
law is amended by adding a new subparagraph (xviii) regarding
penalties.

Subparagraph 2 of paragraph (a)of subdivision 2 of section 1193 of the
V & T L,as amended by chapter 196 of the laws of 1996 is amended and a
new subparagraph (3) is added regarding penalties for persons under
the age of twenty one.

Section 120.03 of the penal law is amended as amended by chapter 732
of the laws of 2006 is amended to include driving while fatigued as
vehicular assault in the second degree.

JUSTIFICATION:

Current criminal law provisions are an inadequate deterrent to drivers
who knowingly operate a vehicle while fatigued and drowsy. This
creates an enhanced risk of serious injury to, or the death of,
innocent victims. A 2012 study in the journal Archives of Internal
Medicine found there was no difference between driving sleepy or
drunk. Both doubled the risk of causing a car accident. In addition,
the National Highway Traffic Safety Administration estimates that


100,000 crashes reported each year are the result of fatigue and
sleepiness.

The addition of the rebuttable presumption provision would create a
causal link between a driver who causes serious physical injury or
death and a presumption that it was his or her drowsiness that was the
cause. The accused would be able to rebut such a presumption by
presenting evidence that shows that it was a separate intervening
factor or factors that caused the serious injury or death.

LEGISLATIVE HISTORY:

This bill has been previously introduced.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

180 days after it shall become law.

view full 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

S. 485--A                           2

  (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-
STANCES  IN  WHICH  A  REASONABLE  PERSON WOULD NOT HAVE ANTICIPATED THE
ONSET OF FATIGUE NOR HAD A REASONABLE OPPORTUNITY TO DISCONTINUE  OPERA-
TION OF HIS OR HER VEHICLE.
  (D)  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  MANDATORY  LICENSE  SUSPENSION  IN  ACCORDANCE  WITH  THE
PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
  S 2. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
traffic  law  is amended by adding a new subparagraph (xviii) to read as
follows:
  (XVIII) FOR A PERIOD OF SIX MONTHS WHERE THE HOLDER IS CONVICTED OF  A
VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF THIS CHAPTER.
  S  3. Subparagraph 2 of paragraph (a) of subdivision 2 of section 1193
of the vehicle and traffic law, as amended by chapter 196 of the laws of
1996, is amended and a new subparagraph 3 is added to read as follows:
  (2) Persons under the age of twenty-one; driving after having consumed
alcohol. Six months, where the holder has been found to have operated  a
motor  vehicle  after  having  consumed  alcohol in violation of section
eleven hundred ninety-two-a of this article where such person was  under
the age of twenty-one at the time of commission of such violation[.];
  (3)  PERSONS  UNDER  THE  AGE OF TWENTY-ONE; OPERATING A VEHICLE WHILE
FATIGUED. SIX MONTHS, WHERE THE HOLDER HAS BEEN FOUND TO HAVE OPERATED A
VEHICLE WHILE FATIGUED IN VIOLATION OF SECTION TWELVE  HUNDRED  TWELVE-A
OF THIS CHAPTER WHERE SUCH PERSON WAS UNDER THE AGE OF TWENTY-ONE AT THE
TIME OF COMMISSION OF SUCH VIOLATION.
  S 4. Section 120.03 of the penal law, as amended by chapter 732 of the
laws of 2006, is amended to read as follows:
S 120.03 Vehicular assault in the second degree.
  A  person  is guilty of vehicular assault in the second degree when he
or she causes serious physical injury to another person, and either:
  (1) operates a motor vehicle in violation of subdivision  two,  three,
four  or  four-a of section eleven hundred ninety-two of the vehicle and
traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWELVE-A OF THE VEHICLE AND TRAFFIC LAW or operates a vessel  or  public
vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two
of  section  forty-nine-a of the navigation law, and as a result of such
intoxication or impairment by the use of a  drug,  or  by  the  combined
influence  of  drugs or of alcohol and any drug or drugs, OR BY FATIGUE,
operates such motor vehicle, vessel or public vessel in  a  manner  that
causes such serious physical injury to such other person, or
  (2)  operates  a  motor  vehicle with a gross vehicle weight rating of
more than eighteen thousand pounds which contains flammable gas,  radio-
active  materials  or  explosives  in  violation  of  subdivision one of
section eleven hundred ninety-two of the  vehicle  and  traffic  law  OR
OPERATES  A  VEHICLE  IN VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF
THE VEHICLE AND TRAFFIC LAW, and such flammable gas, radioactive materi-
als or explosives is the cause of such serious physical injury, and as a
result of such impairment by the use of alcohol, OR BY FATIGUE, operates
such motor vehicle in a manner that causes such serious physical  injury
to such other person, or

S. 485--A                           3

  (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision  one  of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in  para-
graph (a) of subdivision one of section twenty-two hundred eighty-one of
the  vehicle and traffic law and in violation of subdivision two, three,
four, or four-a of section eleven hundred ninety-two of the vehicle  and
traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWELVE-A OF THE VEHICLE AND TRAFFIC LAW, and as a result of such intoxi-
cation  or impairment by the use of a drug, or by the combined influence
of drugs or of alcohol and any drug or drugs, OR  BY  FATIGUE,  operates
such  snowmobile  or  all  terrain  vehicle in a manner that causes such
serious physical injury to such other person.
  If it is established that the person  operating  such  motor  vehicle,
vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
serious physical injury while: (A) unlawfully intoxicated or impaired by
the use of alcohol or a drug[,]; OR (B) UNLAWFULLY IMPAIRED  BY  FATIGUE
then  there  shall be a rebuttable presumption that, as a result of such
intoxication or impairment by the use of alcohol or a drug,  or  by  the
combined  influence  of drugs or of alcohol and any drug or drugs, OR BY
FATIGUE, such person operated the motor vehicle, vessel, public  vessel,
snowmobile  or  all terrain vehicle in a manner that caused such serious
physical injury, as required by this section.
  Vehicular assault in the second degree is a class E felony.
  S 5. The second undesignated paragraph of section 120.04 of the  penal
law,  as  amended by chapter 496 of the laws of 2009, is amended to read
as follows:
  If it is established that the  person  operating  such  motor  vehicle
caused  such  serious  physical injury or injuries while: (A) unlawfully
intoxicated or impaired by the use of alcohol  or  a  drug,  or  by  the
combined  influence  of drugs or of alcohol and any drug or drugs[,]; OR
(B) UNLAWFULLY IMPAIRED BY FATIGUE then  there  shall  be  a  rebuttable
presumption  that, as a result of such intoxication or impairment by the
use of alcohol or a drug, or by the combined influence of  drugs  or  of
alcohol  and  any drug or drugs, OR BY FATIGUE, such person operated the
motor vehicle in a manner that caused such serious  physical  injury  or
injuries,  as  required by this section and section 120.03 of this arti-
cle.
  S 6. Section 125.12 of the penal law, as amended by chapter 732 of the
laws of 2006, is amended to read as follows:
S 125.12 Vehicular manslaughter in the second degree.
  A person is guilty of vehicular manslaughter in the second degree when
he or she causes the death of another person, and either:
  (1) operates a motor vehicle in violation of subdivision  two,  three,
four  or  four-a of section eleven hundred ninety-two of the vehicle and
traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWELVE-A OF THE VEHICLE AND TRAFFIC LAW or operates a vessel  or  public
vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two
of  section  forty-nine-a of the navigation law, and as a result of such
intoxication or impairment by the use of a  drug,  or  by  the  combined
influence of drugs or of alcohol and any drug or drugs OR FATIGUE, oper-
ates such motor vehicle, vessel or public vessel in a manner that causes
the death of such other person, or
  (2)  operates  a  motor  vehicle with a gross vehicle weight rating of
more than eighteen thousand pounds which contains flammable gas,  radio-
active  materials  or  explosives  in  violation  of  subdivision one of
section eleven hundred ninety-two of the  vehicle  and  traffic  law  OR

S. 485--A                           4

OPERATES  A  VEHICLE  IN VIOLATION OF SECTION TWELVE HUNDRED TWELVE-A OF
THE VEHICLE AND TRAFFIC LAW, and such flammable gas, radioactive materi-
als or explosives is the cause of such death, and as a  result  of  such
impairment  by  the  use  of alcohol, OR BY FATIGUE, operates such motor
vehicle in a manner that causes the death of such other person, or
  (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation  and  historic
preservation  law or operates an all terrain vehicle as defined in para-
graph (a) of subdivision one of section twenty-two hundred eighty-one of
the vehicle and traffic law in  violation  of  subdivision  two,  three,
four,  or four-a of section eleven hundred ninety-two of the vehicle and
traffic law OR OPERATES A VEHICLE IN VIOLATION OF SECTION TWELVE HUNDRED
TWELVE-A OF THE VEHICLE AND TRAFFIC LAW, and as a result of such intoxi-
cation or impairment by the use of a drug, or by the combined  influence
of  drugs  or of alcohol and any drug or drugs OR FATIGUE, operates such
snowmobile or all terrain vehicle in a manner that causes the  death  of
such other person.
  If  it  is  established  that the person operating such motor vehicle,
vessel, public vessel, snowmobile or all  terrain  vehicle  caused  such
death  while: (A) unlawfully intoxicated or impaired by the use of alco-
hol or a drug[,]; OR (B) UNLAWFULLY IMPAIRED BY FATIGUE then there shall
be a rebuttable presumption that, as a result of  such  intoxication  or
impairment by the use of alcohol or a drug, or by the combined influence
of drugs or of alcohol and any drug or drugs, OR BY FATIGUE, such person
operated  the  motor  vehicle,  vessel, public vessel, snowmobile or all
terrain vehicle in a manner that caused such death, as required by  this
section.
  Vehicular manslaughter in the second degree is a class D felony.
  S  7. The second undesignated paragraph of section 125.13 of the penal
law, as amended by chapter 496 of the laws of 2009, is amended  to  read
as follows:
  If  it  is  established  that  the person operating such motor vehicle
caused such  death  or  deaths  while:  (A)  unlawfully  intoxicated  or
impaired  by  the use of alcohol or a drug, or by the combined influence
of drugs or of alcohol and any  drug  or  drugs[,];  OR  (B)  UNLAWFULLY
IMPAIRED  BY  FATIGUE then there shall be a rebuttable presumption that,
as a result of such intoxication or impairment by the use of alcohol  or
a drug, or by the combined influence of drugs or of alcohol and any drug
or  drugs,  OR  BY  FATIGUE  such person operated the motor vehicle in a
manner that caused such death or deaths, as required by this section and
section 125.12 of this article.
  S 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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