Assembly Bill A8773

2017-2018 Legislative Session

Establishes the crime of operating a vehicle while fatigued

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A8773 (ACTIVE) - Details

Current Committee:
Assembly Transportation
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 Other Legislative Sessions:
2009-2010: A4207
2011-2012: A2535
2013-2014: A9278
2015-2016: A3506

2017-A8773 (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.

2017-A8773 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8773
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 3, 2017
                                ___________
 
 Introduced by M. of A. GALEF, MOSLEY, HOOPER, RAIA -- Multi-Sponsored by
   --  M.  of A.  SKARTADOS -- 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 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:
   § 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.
              

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