Do you support this bill?

Assembly Bill A1921

2019-2020 Legislative Session

Relates to driving while ability impaired by fatigue

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

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.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2019-A1921 (ACTIVE) - Details

Current Committee:
Assembly Transportation
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 Other Legislative Sessions:
2009-2010: A1637
2011-2012: A1161, A8629
2013-2014: A2384
2015-2016: A692
2017-2018: A486

2019-A1921 (ACTIVE) - 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.

2019-A1921 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1921
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 Introduced  by  M.  of  A. M. G. 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:
   §  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.
   § 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.
                                                            LBD00135-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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