Bill Text: NY A04886 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Prohibits the operation of a vehicle while under the influence of alcohol or drugs with a developmentally disabled person in the vehicle.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-23 - held for consideration in transportation [A04886 Detail]

Download: New_York-2011-A04886-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4886
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2011
                                      ___________
       Introduced  by M. of A. CALHOUN -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
         relation  to  operating a vehicle while under the influence of alcohol
         or drugs with a developmentally disabled person in the vehicle
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (b)  of subdivision 2-a of section 1192 of the
    2  vehicle and traffic law, as amended by chapter 496 of the laws of  2009,
    3  is amended to read as follows:
    4    (b)  With a child OR DEVELOPMENTALLY DISABLED PERSON.  No person shall
    5  operate a motor vehicle in violation of subdivision two, three, four  or
    6  four-a of this section while a child who is fifteen years of age or less
    7  OR  A  PERSON  WITH A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION
    8  TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW OR A  PERSON  WHOSE
    9  MEDICAL  CONDITION WOULD BE CONSIDERED A DEVELOPMENTAL DISABILITY IF ITS
   10  ONSET ORIGINATED AT AGE TWENTY-TWO OR AFTER is a passenger in such motor
   11  vehicle.
   12    S 2. The subdivision heading and paragraph (a) of  subdivision  12  of
   13  section  1192  of the vehicle and traffic law, as amended by chapter 496
   14  of the laws of 2009, are amended to read as follows:
   15    Driving while intoxicated or while ability impaired by  drugs--serious
   16  physical  injury or death or child OR DEVELOPMENTALLY DISABLED PERSON in
   17  the vehicle. (a) In  every  case  where  a  person  is  charged  with  a
   18  violation  of  subdivision  two,  two-a,  three,  four or four-a of this
   19  section, the law enforcement officer alleging such charge shall  make  a
   20  clear notation in the "Description of Violation" section of a simplified
   21  traffic  information  (i)  if, arising out of the same incident, someone
   22  other than the person charged was killed or  suffered  serious  physical
   23  injury as defined in section 10.00 of the penal law; such notation shall
   24  be  in  the  form  of a "D" if someone other than the person charged was
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08236-03-1
       A. 4886                             2
    1  killed and such notation shall be in the form of a "S.P.I."  if  someone
    2  other  than  the  person charged suffered serious physical injury; [and]
    3  (ii) if a child aged fifteen years or less OR A DEVELOPMENTALLY DISABLED
    4  PERSON was present in the vehicle of the person charged with a violation
    5  of  subdivision  two, two-a, three, four or four-a of this section; such
    6  notation shall be in the form of  "C.I.V.";  AND  (III)  IF  A  DEVELOP-
    7  MENTALLY  DISABLED  PERSON  WAS  PRESENT  IN  THE  VEHICLE OF THE PERSON
    8  CHARGED WITH A VIOLATION OF  SUBDIVISION  TWO,  TWO-A,  THREE,  FOUR  OR
    9  FOUR-A  OF THIS SECTION; SUCH NOTATION SHALL BE IN THE FORM OF "D.D.P.".
   10  Provided, however, that the failure to make such notations shall  in  no
   11  way  affect  a  charge for a violation of subdivision two, two-a, three,
   12  four or four-a of this section.
   13    S 3. Subdivision 6 of section 120.04 of the penal  law,  as  added  by
   14  chapter 496 of the laws of 2009, is amended to read as follows:
   15    (6)  commits  such crime while operating a motor vehicle while a child
   16  who is fifteen years of age or less OR A DEVELOPMENTALLY DISABLED PERSON
   17  is a passenger in such motor vehicle and causes serious physical  injury
   18  to such child.
   19    S  4.  Subdivision 6 of section 120.04-a of the penal law, as added by
   20  chapter 496 of the laws of 2009, is amended to read as follows:
   21    (6) commits such crime while operating a motor vehicle while  a  child
   22  who is fifteen years of age or less OR A DEVELOPMENTALLY DISABLED PERSON
   23  is  a passenger in such motor vehicle and causes serious physical injury
   24  to such child.
   25    S 5. Subdivision 6 of section 125.13 of the penal  law,  as  added  by
   26  chapter 496 of the laws of 2009, is amended to read as follows:
   27    (6)  commits  such crime while operating a motor vehicle while a child
   28  who is fifteen years of age or less OR A DEVELOPMENTALLY DISABLED PERSON
   29  is a passenger in such motor vehicle and causes the death of such child.
   30    S 6. Subdivision 7 of section 125.14 of the penal  law,  as  added  by
   31  chapter 496 of the laws of 2009, is amended to read as follows:
   32    (7)  commits  such crime while operating a motor vehicle while a child
   33  who is fifteen years of age or less OR A DEVELOPMENTALLY DISABLED PERSON
   34  is a passenger in such motor vehicle and causes the death of such child.
   35    S 7. This act shall take effect on the first of November next succeed-
   36  ing the date on which it shall have become a law.