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- Referred to transportation
- Referred to transportation
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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:S3197
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
Section 1. 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.
Section 2. Paragraph b of subdivision 2 of section 510 of the vehicle and traffic law is amended by adding a new subparagraph(xviii)regarding penalties.
Section 3. 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 4. 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.
Section 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 establishes a rebuttable presumption.
Section 6. Section 125.12 of the penal law, as amended by chapter 732 of the laws of 2006, is amended to include driving while fatigued as vehicular manslaughter in the second degree a class D felony.
Effective date
180th day after if shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.