S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sens. MAZIARZ, DeFRANCISCO, FUSCHILLO, LARKIN -- read
twice and ordered printed, and when printed to be committed 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
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
(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.
S. 1064 2
S 2. Subdivision 6 of section 120.04-a of the penal law, as added by
chapter 496 of the laws of 2009, is amended and a new subdivision 7 is
added to read as follows:
(6) commits such crime while operating a motor vehicle while a child
who is fifteen years of age or less is a passenger in such motor vehicle
and causes serious physical injury to such child[.]; OR
(7) VIOLATES ANY PROVISION OF SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW AND IN THE COMMIS-
SION OF SUCH OFFENSE CAUSES INJURY TO A PERSON.
S 3. Section 125.10 of the penal law is amended to read as follows:
S 125.10 Criminally negligent homicide.
A person is guilty of criminally negligent homicide when[, with]:
1. WITH criminal negligence, he OR SHE causes the death of another
2. HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON WHILE OPERATING A
MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
Criminally negligent homicide is a class E felony.
S 4. This act shall take effect immediately.