A05430 Summary:

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.
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A05430 Actions:

BILL NO    A05430 

02/26/2013 referred to transportation
01/08/2014 referred to transportation
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A05430 Votes:

There are no votes for this bill in this legislative session.
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A05430 Memo:

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.

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A05430 Text:

                           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.
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