A04011 Summary:

BILL NO    A04011 

SAME AS    No same as 

SPONSOR    Gabryszak

COSPNSR    

MLTSPNSR   

Amd S1174, V & T L; amd SS120.04-a & 125.10, Pen L

Increases fines and penalties for passing a stopped school bus.
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A04011 Memo:

BILL NUMBER:A4011

TITLE  OF  BILL:    An  act to amend the vehicle and traffic law and the
penal law, in relation to increasing fines and penalties for  passing  a
stopped school bus

PURPOSE:  Provides for increased monetary penalties for passing a school
bus and applies criminal penalties to those who injure or kill a  person
while doing so.

SUMMARY  OF  PROVISIONS:  Section 1 Subdivision C of Section 1174 of the
Vehicle and Traffic.Law is amended as follows:

(i) increases the range of fines for passing a school bus for the  first
time  from  a minimum of $250 and a maximum of $400 to a minimum of $400
and a maximum of $750.

(ii) increases the range of fines for  passing  a  school  bus  for  the
second time from a minimum of $600 and a maximum of $750 to a minimum of
$950 and a maximum of $1150.

(iii)  increases  the  range  of  fines for passing a school bus for the
third time within a three year period from a minimum of $750 and a maxi-
mum of $1000 to a minimum of $1150 to a maximum of $1500.

(iv) requires that a person who injures someone while passing  a  school
bus  be  charged  with  aggravated  vehicular assault and if a person is
killed in the incident requires a charge of criminally  negligent  homi-
cide.

JUSTIFICATION:   The   National  Highway  Transportation  Administration
reports that each year, an average of 11 passengers under the age of  19
die  in  school  bus  accidents.  Most  of the most serious injuries and
deaths occur when children are hit by a school bus or by passing  motor-
ists while getting on or off the bus.

More  than  25  children each year die in pedestrian accidents involving
school buses. In fact, three times as many children are killed in school
bus accidents while getting on or off the bus than while riding it.

Pedestrians account for more  than  40  percent  of  school  bus-related
fatalities.  Many  of these injuries occur when children are boarding or
exiting the school bus, due to the driver's "blind spot," which  extends
approximately  10  feet around the bus.  These statistics clearly demon-
strate the importance of strengthening penalties against those who ille-
gally pass a school bus, and especially for those  that  injure  another
person while doing so.

LEGISLATIVE HISTORY:

A.10755 of 2012

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.
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A04011 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4011

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 30, 2013
                                      ___________

       Introduced  by  M.  of  A.  GABRYSZAK  --  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  increasing  fines  and  penalties  for passing a stopped
         school bus

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. Subdivision (c) of section 1174 of the vehicle and traffic
    2  law, as amended by chapter 254 of the laws of 2002, is amended  to  read
    3  as follows:
    4    (c)  Every  person convicted of a violation of subdivision (a) of this
    5  section shall BE SUBJECT TO THE FOLLOWING FINES AND PENALTIES:
    6    (I) for a first conviction thereof, be punished by a fine of not  less
    7  than  [two  hundred  fifty]  FOUR  HUNDRED  dollars  nor more than [four
    8  hundred] SEVEN HUNDRED FIFTY dollars or by  imprisonment  for  not  more
    9  than thirty days or by both such fine and imprisonment;
   10    (II)  for  a  conviction  of  a  second  violation, both of which were
   11  committed within a period of three years, such person shall be  punished
   12  by  a fine of not less than [six hundred dollars] NINE HUNDRED FIFTY nor
   13  more than [seven hundred fifty] ONE THOUSAND ONE HUNDRED  FIFTY  dollars
   14  or  by imprisonment for not more than one hundred eighty days or by both
   15  such fine and imprisonment;
   16    (III) upon a conviction of a third or  subsequent  violation,  all  of
   17  which  were  committed within a period of three years, such person shall
   18  be punished by a fine of not less than [seven hundred fifty]  ONE  THOU-
   19  SAND ONE HUNDRED FIFTY dollars nor more than [one thousand] ONE THOUSAND
   20  FIVE  HUNDRED  dollars  or by imprisonment for not more than one hundred
   21  eighty days or by both such fine and imprisonment.
   22    S 2. Subdivision 6 of section 120.04-a of the penal law, as  added  by
   23  chapter  496  of the laws of 2009, is amended and a new subdivision 7 is
   24  added to read as follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02093-01-3
       A. 4011                             2

    1    (6) commits such crime while operating a motor vehicle while  a  child
    2  who is fifteen years of age or less is a passenger in such motor vehicle
    3  and causes serious physical injury to such child[.]; OR
    4    (7)  VIOLATES  ANY  PROVISION  OF  SUBDIVISION  (A)  OF SECTION ELEVEN
    5  HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW AND IN  THE  COMMIS-
    6  SION OF SUCH OFFENSE CAUSES INJURY TO A PERSON.
    7    S 3. Section 125.10 of the penal law is amended to read as follows:
    8  S 125.10 Criminally negligent homicide.
    9    A person is guilty of criminally negligent homicide when[, with]:
   10    1.  WITH  criminal  negligence,  he OR SHE causes the death of another
   11  person[.]; OR
   12    2. HE OR SHE CAUSES THE DEATH OF  ANOTHER  PERSON  WHILE  OPERATING  A
   13  MOTOR  VEHICLE IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
   14  SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
   15    Criminally negligent homicide is a class E felony.
   16    S 4. This act shall take effect immediately.
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