senate Bill S515

Amended

Creates stricter fines and criminal penalties for passing a stopped school bus

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 01 / May / 2012
    • 1ST REPORT CAL.674
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / May / 2012
    • AMENDED ON THIRD READING 515A
  • 30 / May / 2012
    • PASSED SENATE
  • 30 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / May / 2012
    • REFERRED TO TRANSPORTATION

Summary

Increases fines and penalties for passing a stopped school bus.

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Bill Details

Versions:
S515
S515A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1174, V & T L; amd §120.04-a, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S7388

Votes

Sponsor Memo

BILL NUMBER:S515

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 OR GENERAL IDEA OF BILL:
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 SPECIFIC 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 maximum 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
homicide.

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 motorists 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 demonstrate the importance of strengthening
penalties against those who illegally pass a school bus, and
especially for those that injure another person while doing so.

PRIOR LEGISLATIVE HISTORY:
S.7388 of 2009-2010; Referred to Transportation

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   515

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. MAZIARZ, HANNON, JOHNSON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

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:

  Section 1. Subdivision (c) of section 1174 of the vehicle and  traffic
law,  as  amended by chapter 254 of the laws of 2002, is amended to read
as follows:
  (c) Every person convicted of a violation of subdivision (a)  of  this
section shall BE SUBJECT TO THE FOLLOWING FINES AND PENALTIES:
  (I)  for a first conviction thereof, be punished by a fine of not less
than [two hundred fifty]  FOUR  HUNDRED  dollars  nor  more  than  [four
hundred]  SEVEN  HUNDRED  FIFTY  dollars or by imprisonment for not more
than thirty days or by both such fine and imprisonment;
  (II) for a conviction of  a  second  violation,  both  of  which  were
committed  within a period of three years, such person shall be punished
by a fine of not less than [six hundred dollars] NINE HUNDRED FIFTY  nor
more  than  [seven hundred fifty] ONE THOUSAND ONE HUNDRED FIFTY dollars
or by imprisonment for not more than one hundred eighty days or by  both
such fine and imprisonment;
  (III)  upon  a  conviction  of a third or subsequent violation, all of
which were committed within a period of three years, such  person  shall
be  punished  by a fine of not less than [seven hundred fifty] ONE THOU-
SAND ONE HUNDRED FIFTY dollars nor more than [one thousand] ONE THOUSAND
FIVE HUNDRED dollars or by imprisonment for not more  than  one  hundred
eighty days or by both such fine and imprisonment;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01222-01-1

S. 515                              2

  (IV)  WHERE  AN  INDIVIDUAL  CONVICTED OF VIOLATING SUBDIVISION (A) OF
THIS SECTION AND (1) ALSO CAUSES INJURY  TO  A  PERSON  SUCH  INDIVIDUAL
SHALL  BE  CHARGED  WITH  THE  CRIME  OF AGGRAVATED VEHICULAR ASSAULT AS
DEFINED IN SECTION 120.04-A OF THE PENAL LAW  OR  (2)  ALSO  CAUSES  THE
DEATH  OF  A  PERSON, SUCH INDIVIDUAL SHALL BE CHARGED WITH THE CRIME OF
CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE  PENAL
LAW.
  S 2. Subdivision 5 of section 120.04-a of the penal law, as amended by
chapter 496 of the laws of 2009, is amended to read as follows:
  (5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty-five of this title  involving  the
operation  of  a  motor  vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of  a  motor  vehicle
which,  if committed in this state, would constitute a violation of this
article or article one hundred twenty-five of this title OR IS CONVICTED
OF VIOLATING ANY PROVISION OF SUBDIVISION (A) OF SECTION ELEVEN  HUNDRED
SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW; or
  S 3. This act shall take effect immediately.

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