Bill Text: NY A07192 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 7192 (Prior Session Legislation)

Introduced

Bill Title: Relates to driving while ability impaired by fatigue and aggravated driving while ability impaired by fatigue; makes aggravated driving while ability impaired by fatigue a misdemeanor.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A07192 Detail]

Download: New_York-2011-A07192-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7192
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 15, 2011
                                      ___________
       Introduced  by M. of A. GALEF -- read once and referred to the Committee
         on Transportation
       AN ACT to amend the vehicle and traffic  law,  in  relation  to  driving
         while ability impaired by fatigue and aggravated driving while ability
         impaired by fatigue
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 1212-a to read as follows:
    3    S  1212-A. DRIVING WHILE ABILITY IMPAIRED BY FATIGUE; AGGRAVATED DRIV-
    4  ING WHILE  ABILITY  IMPAIRED  BY  FATIGUE.  (A)  DRIVING  WHILE  ABILITY
    5  IMPAIRED BY FATIGUE. A PERSON COMMITS THE OFFENSE OF DRIVING WHILE ABIL-
    6  ITY  IMPAIRED  BY  FATIGUE  WHEN  HE OR SHE DRIVES, OPERATES OR USES ANY
    7  MOTOR VEHICLE, MOTORCYCLE OR ANY OTHER VEHICLE PROPELLED  BY  ANY  POWER
    8  OTHER  THAN  MUSCULAR  POWER OR ANY APPLIANCE OR ACCESSORY THEREOF WHILE
    9  HIS OR HER ABILITY OR ALERTNESS IS SO IMPAIRED, OR SO LIKELY  TO  BECOME
   10  IMPAIRED,  THROUGH  FATIGUE AS TO MAKE IT UNSAFE FOR HIM OR HER TO BEGIN
   11  OR CONTINUE TO OPERATE SAID MOTOR VEHICLE, MOTORCYCLE OR ANY OTHER VEHI-
   12  CLE PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER OR ANY APPLIANCE OR
   13  ACCESSORY THEREOF. DRIVING WHILE ABILITY IMPAIRED BY FATIGUE IS  PROHIB-
   14  ITED.
   15    (B)  AGGRAVATED  DRIVING  WHILE ABILITY IMPAIRED BY FATIGUE.  A PERSON
   16  COMMITS THE OFFENSE OF AGGRAVATED DRIVING WHILE ABILITY IMPAIRED WHEN HE
   17  OR SHE COMMITS THE OFFENSE OF DRIVING WHILE ABILITY IMPAIRED BY  FATIGUE
   18  AS  DEFINED  IN  SUBDIVISION  (A)  OF THIS SECTION AND HE OR SHE THEREBY
   19  CAUSES: (I) SERIOUS PHYSICAL INJURY AS DEFINED  IN  SUBDIVISION  TEN  OF
   20  SECTION  10.00 OF THE PENAL LAW; OR (II) THE DEATH OF ANY PERSON. AGGRA-
   21  VATED DRIVING WHILE ABILITY IMPAIRED BY FATIGUE  IS  PROHIBITED.  AGGRA-
   22  VATED DRIVING WHILE ABILITY IMPAIRED IS A MISDEMEANOR.
   23    S 2. This act shall take effect on the first of November next succeed-
   24  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10659-01-1