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.