BILL NO A05430
SAME AS No same as
SPONSOR Thiele
COSPNSR
MLTSPNSR
Amd SS1174 & 509-cc, V & T L; amd S2801-a, Ed L
Relates to improving school bus safety by providing for the disqualification of
drivers for certain crimes involving children.
BILL NUMBER:A5430
TITLE OF BILL: An act to amend the vehicle and traffic law and the
education law, in relation to school bus safety
PURPOSE OR GENERAL IDEA OF BILL:
To further ensure the safety of our children when they are being
transported on school buses.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Increases penalties for individuals who illegally pass a
school bus with a prior offense(s). The second offense within three
years shall be a Class misdemeanor punishable by a fine of $500-$1,000
and the third or subsequent offense shall be a Class E Felony
punishable by a fine of $1,000 - $2,500. Both fines are in addition to
any other penalties allowed by law. Increases penalties for accidents
that result from illegally passing a school bus by requiring that in
any case where such accident results in serious physical injury or
death the individual shall be guilty of a Class E Felony, punishable
by a fine of $1,000 -$5,000 in addition to other penalties.
Section 2: Adds the following crimes to the current list of offenses
that if an individual is convicted of he or she will be permanently
disqualified from driving a school bus: sexual misconduct, rape in the
third degree, sexual abuse in the first and second degree, aggravated
sexual abuse in the second and third degree, course of sexual conduct
against a child in the first and second degree, promoting prostitution
in the first, second, third, and fourth degree, permitting
prostitution, use of a child in a sexual performance, promoting an
obscene sexual performance by a child, possessing an obscene sexual
performance by a child, promoting a sexual performance by a child,
possessing a sexual performance by a child, vehicular manslaughter
second degree, manslaughter second degree, reckless assault of a
child, unlawful dealing with a child in the first and second degree,
disseminating indecent materials to a minor in the first degree,
possessing a sexual performance by a child, aggravated assault upon a
person less than eleven years old, forcible touching, persistent
sexual abuse, female genital mutilation, aggravated harassment second
and third degrees, predatory sexual assault against a child, predatory
sexual assault.
Section 3: Requires the district-wide and building-level school safety
plans to include a specific description of the district's emergency
response preparedness plan in the event that a crisis or emergency
arises when children are being transported by a district.
Section 4: An individual would be banned from driving a school bus for
a period often years after commission of the following offenses:
menacing first degree, menacing second degree, criminal sale of
controlled substance in the first and second degrees, criminal sale of
controlled substance in or near school grounds, and criminal sale of
prescription of controlled substance.
Section 5: Ten year disqualification may be waived if a court having
jurisdiction over such conviction grants a certificate stating that
the criminal offense has no bearing on the applicant's fitness or
ability to operate a bus transporting school children.
Section 6: This act shall take effect immediately.
JUSTIFICATION: In New York State there are approximately 50,000
motorists that illegally pass school buses everyday. In the last five
years, 35 students were hit and two were killed by motorists who
illegally passed school buses in our state. Recently there has been a
push for more enforcement of the Vehicle and Traffic Laws dealing with
illegally passing a school bus. One step New York has taken is to
create "Operation Safe Stop" which seeks to promote school bus safety
throughout education and enforcement efforts. In 2005, Operation Safe
Stop issued 1, 250 tickets for illegally passing a school bus on their
one day enforcement campaign. The only way to deter individuals from
committing this crime is to make these individuals face even harsher
penalties. In 2005, there were numerous incidents where this risky
action ended up taking the life of a child. However, in these cases
the individual who committed the act barely received any punishment.
This legislation seeks to not only increase penalties for repeat
offenders but to require that any individual who illegally passes a
school bus where such action results in serious physical injury or
death should be found guilty of a Class E Felony, even if it is the
first offense.
Currently, New York State law allows for the permanent
disqualification of school bus drivers convicted of certain crimes
such as murder, manslaughter, and various sex crimes. However, the
list of crimes that permanently disqualifies individuals has not been
recently updated and therefore it is not comprehensive enough. This
legislation expands on the current list of disqualifications to
include more sex crimes and crimes against children. By prohibiting
these individuals from obtaining a school bus license we are further
ensuring our children's safety.
In New York State, schools are required to create comprehensive
district-wide school safety plans and building level school safety
plans that regarding crisis intervention and emergency response and
management. This legislation seeks to clarify that these plans must
include a specific description of how a crisis or emergency will be
dealt with in the event that one occurs while children are being
transported by the school district. Currently, some districts may
include provisions for emergency management on school buses in their
plan but not all do. By requiring all districts to include this
provision we are further protecting our children.
PRIOR LEGISLATIVE HISTORY:
2011-12: A.8181
2009-10: A7270
2007-08: A2255A
2005-06: A10010
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
5430
2013-2014 Regular Sessions
I N A S S E M B L Y
February 26, 2013
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law and the education law, in
relation to school bus safety
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: for a first conviction thereof, be punished by a fine of
6 not less than two hundred fifty dollars nor more than four hundred
7 dollars or by imprisonment for not more than thirty days or by both such
8 fine and imprisonment; for a conviction of a second violation, both of
9 which were committed within a period of three years, [such person shall
10 be punished by a fine of not less than six hundred dollars nor more than
11 seven hundred fifty dollars or by imprisonment for not more than one
12 hundred eighty days or by both such fine and imprisonment] SHALL CONSTI-
13 TUTE A CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN FIVE
14 HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS, IN ADDITION TO ANY
15 OTHER PENALTIES PROVIDED BY LAW; upon a conviction of a third or subse-
16 quent violation, all of which were committed within a period of three
17 years, [such person shall be punished by a fine of not less than seven
18 hundred fifty dollars nor more than one thousand dollars or by imprison-
19 ment for not more than one hundred eighty days or by both such fine and
20 imprisonment] SUCH PERSON SHALL BE GUILTY OF A CLASS E FELONY PUNISHABLE
21 BY A FINE OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWO THOUSAND FIVE
22 HUNDRED DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. ANY
23 VIOLATION OF SUBDIVISION (A) OF THIS SECTION THAT RESULTS IN SERIOUS
24 PHYSICAL INJURY OR DEATH SHALL CONSTITUTE A CLASS E FELONY, PUNISHABLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09267-01-3
A. 5430 2
1 BY A FINE OF NOT LESS THAN ONE THOUSAND NOR MORE THAN FIVE THOUSAND
2 DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
3 S 2. Subdivision 4 of section 509-cc of the vehicle and traffic law,
4 as amended by chapter 400 of the laws of 2011, is amended to read as
5 follows:
6 (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
7 of subdivision one and paragraph (a) of subdivision two of this section
8 that result in permanent disqualification shall include a conviction
9 under sections 120.02, 120.12, 125.12, 125.13, 125.14, 125.15, 125.20,
10 125.21, 125.22, 125.25, 125.26, 125.27, 130.20, 130.25, 130.30, 130.35,
11 130.45, 130.50, 130.52, 130.53, 130.60, 130.65, 130.66, 130.67, 130.70,
12 130.75, 130.80, 130.85, 130.90, 130.95, 130.96, 135.25, 150.20, 230.25,
13 230.30, 230.32, 230.34, 230.40, 235.21, 235.22, 260.20, 260.21, 263.05,
14 263.10, 263.11, 263.15, 263.16 of the penal law or an attempt to commit
15 any of the aforesaid offenses under section 110.00 of the penal law, or
16 any offenses committed under a former section of the penal law which
17 would constitute violations of the aforesaid sections of the penal law,
18 or any offenses committed outside this state which would constitute
19 violations of the aforesaid sections of the penal law.
20 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
21 subdivision one and paragraph (b) of subdivision two of this section
22 that result in permanent disqualification shall include a conviction
23 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10,
24 125.11, 130.40, 130.53, [130.60,] 130.65-a, 135.20, 160.15, 220.18,
25 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the
26 penal law or an attempt to commit any of the aforesaid offenses under
27 section 110.00 of the penal law, or any offenses committed under a
28 former section of the penal law which would constitute violations of the
29 aforesaid sections of the penal law, or any offenses committed outside
30 this state which would constitute violations of the aforesaid sections
31 of the penal law.
32 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
33 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
34 of this section that result in disqualification for a period of five
35 years shall include a conviction under sections 100.10, 105.13, 115.05,
36 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.13, 120.14, 120.25,
37 121.12, 121.13, 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10,
38 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10,
39 220.06, 220.09, 220.16, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44,
40 220.60, 220.65, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06,
41 [230.20,] 235.05, 235.06, 235.07, [235.21,] 240.06, 240.30, 240.31,
42 245.00, 260.10, [subdivision two of section 260.20] and sections 260.25,
43 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law
44 or an attempt to commit any of the aforesaid offenses under section
45 110.00 of the penal law, or any similar offenses committed under a
46 former section of the penal law, or any offenses committed under a
47 former section of the penal law which would constitute violations of the
48 aforesaid sections of the penal law, or any offenses committed outside
49 this state which would constitute violations of the aforesaid sections
50 of the penal law.
51 S 3. Subdivision 1 of section 2801-a of the education law, as amended
52 by chapter 380 of the laws of 2001, is amended to read as follows:
53 1. The board of education or trustees, as defined in section two of
54 this chapter, of every school district within the state, however
55 created, and every board of cooperative educational services and county
56 vocational education and extension board and the chancellor of the city
A. 5430 3
1 school district of the city of New York shall adopt and amend a compre-
2 hensive district-wide school safety plan and building-level school safe-
3 ty plans regarding crisis intervention, emergency response and manage-
4 ment, provided that in the city school district of the city of New York,
5 such plans shall be adopted by the chancellor of the city school
6 district. Such plans shall be developed by a district-wide school safe-
7 ty team and a building-level school safety team established pursuant to
8 subdivision four of this section and shall be in a form developed by the
9 commissioner in consultation with the division of criminal justice
10 services, the superintendent of the state police and any other appropri-
11 ate state agencies. SUCH PLANS SHALL INCLUDE A SPECIFIC DESCRIPTION OF
12 THE DISTRICT'S EMERGENCY RESPONSE PREPAREDNESS PLAN IN THE EVENT THAT A
13 CRISIS OR EMERGENCY ARISES WHEN CHILDREN ARE BEING TRANSPORTED BY A
14 DISTRICT. A school district having only one school building, shall
15 develop a single building-level school safety plan, which shall also
16 fulfill all requirements for development of a district-wide plan.
17 S 4. Paragraph (b) of subdivision 1 of section 509-cc of the vehicle
18 and traffic law, as added by chapter 675 of the laws of 1985, subpara-
19 graph (i) as amended by section 27 of part LL of chapter 56 of the laws
20 of 2010, is amended to read as follows:
21 (b) for a period of [five] TEN years from the date of last conviction
22 specified herein, if that person
23 (i) has been convicted within the preceding [five] TEN years of an
24 offense listed in paragraph (c) of subdivision four of this section that
25 was committed on or after September fifteenth, nineteen hundred eighty-
26 five. However, such disqualification shall be waived provided that the
27 applicant has been granted a certificate of relief from disabilities or
28 a certificate of good conduct pursuant to article twenty-three of the
29 correction law. When the certificate is issued by a court for a
30 conviction which occurred in this state, it shall only be issued by the
31 court having jurisdiction over such conviction. Such certificate shall
32 specifically indicate that the authority granting such certificate has
33 considered the bearing, if any, the criminal offense or offenses for
34 which the person was convicted will have on the applicant's fitness or
35 ability to operate a bus transporting school children, prior to granting
36 such a certificate;
37 (ii) has been convicted of any violation of section eleven hundred
38 ninety-two of this chapter or an offense committed outside this state
39 which would constitute a violation of section eleven hundred ninety-two
40 of this chapter, and the offense was committed while the driver was
41 driving a bus in the employ of a motor carrier or in the furtherance of
42 a commercial enterprise in interstate, intrastate or foreign commerce;
43 (iii) has been twice convicted of a violation of any subdivision of
44 section eleven hundred ninety-two of this chapter or offenses committed
45 outside this state which would constitute a violation of section eleven
46 hundred ninety-two of this chapter, committed within the preceding
47 [five] TEN year period;
48 (iv) has been twice convicted of a violation of any subdivision of
49 section eleven hundred ninety-two of this chapter, or an offense commit-
50 ted outside of this state which would constitute a violation of any
51 subdivision of section one thousand one hundred ninety-two of this chap-
52 ter, committed within any ten year period after September fifteenth,
53 nineteen hundred eighty-five; or
54 (v) has been convicted of leaving the scene of an accident which
55 resulted in personal injury or death under section six hundred of this
A. 5430 4
1 chapter or an offense committed outside of this state which would
2 constitute a violation of section six hundred of this chapter.
3 S 5. The opening paragraph and subparagraph (i) of paragraph (c) of
4 subdivision 2 of section 509-cc of the vehicle and traffic law, the
5 opening paragraph as added by chapter 675 of the laws of 1985, subpara-
6 graph (i) as amended by section 28 of part LL of chapter 56 of the laws
7 of 2010, are amended to read as follows:
8 for a period of [five] TEN years from the date of last conviction
9 specified herein, if that person
10 (i) has been convicted within the preceding [five] TEN years of an
11 offense listed in paragraph (c) of subdivision four of this section.
12 [However, notwithstanding the provisions of subdivision three of section
13 seven hundred one of the correction law.] Such disqualification shall be
14 waived provided that the applicant has been granted a certificate of
15 relief from disabilities or a certificate of good conduct pursuant to
16 article twenty-three of the correction law. When the certificate is
17 issued by a court for a conviction which occurred in this state, it
18 shall only be issued by the court having jurisdiction over such
19 conviction. Such certificate shall specifically indicate that the
20 authority granting such certificate has considered the bearing, if any,
21 the criminal offense or offenses for which the person was convicted will
22 have on the applicant's fitness or ability to operate a bus transporting
23 school children, prior to granting such a certificate.
24 S 6. This act shall take effect immediately.
