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History
- Print number 485a
- Amend and recommit to transportation
- Referred to transportation
- Referred to transportation
Companion bill
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Establishes the crime of operating a vehicle while fatigued
In Assembly Committee · Transportation · Sponsor Sandy Galef
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.