S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    486
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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 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.
                                                            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 ABIL-
 ITY 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  IMPRI-
 SONMENT  OF UP TO THREE YEARS AND SUBJECT TO LICENSE REVOCATION PURSUANT
 TO SUBDIVISION TWO OF SECTION FIVE HUNDRED TEN OF THE VEHICLE AND  TRAF-
 FIC LAW.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.