What's happening
This bill criminalizes driving while drowsy in New York, establishing fines, penalties, and felony charges for resulting serious injury or death.
Why it matters
Establishes clear legal accountability for driving while fatigued. , treating it similarly to other forms of impaired driving (like drunk or drugged driving), which could significantly change how crashes involving drowsiness are prosecuted and investigated.
Creates new legal presumptions and evidentiary standards. , allowing courts to presume impairment if a driver fell asleep at the wheel or had been awake for 24+ hours—potentially making it easier to prove guilt in court.
Introduces heightened penalties for harm caused by drowsy driving. , including new misdemeanor and felony charges if serious injury or death results, which could lead to prison time and mandatory license revocation, reflecting a strong policy stance on public safety.
Provides specific exemptions for emergency responders. (such as medical, fire, or ambulance personnel responding to emergencies), acknowledging the unique demands and societal value of their roles, and balancing public safety with operational realities.
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Who cares
Headline styles
Ban Drowsy Driving
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
486
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
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 Assembly, 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 subdivision 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.
LBD02709-01-7
A. 486 2
§ 3. The penal law is amended by adding a new section 125.23 to read as follows: § 125.23 Vehicular homicide caused by driving while ability impaired by
fatigue.
A person is guilty of vehicular homicide caused by driving while ability impaired by fatigue when he or she:
(1) commits the crime of criminally negligent homicide as defined in section 125.10, and
(2) causes the death of such other person by operation of a vehicle in violation of section twelve hundred twelve-a of the vehicle and traffic law.
Vehicular homicide caused by driving while ability impaired by fatigue is a class E felony, punishable by an indeterminate sentence of imprisonment of up to three years and subject to license revocation pursuant to subdivision two of section five hundred ten of the vehicle and traffic law.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.