senate Bill S1064A

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

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 05 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.715
  • 22 / May / 2013
    • PASSED SENATE
  • 22 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 09 / Jan / 2014
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 09 / Jan / 2014
    • PRINT NUMBER 1064A
  • 11 / Mar / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Increases fines and penalties for passing a stopped school bus.

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Bill Details

See Assembly Version of this Bill:
A8600
Versions:
S1064
S1064A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1174, V & T L; amd §§120.04-a & 125.10, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S515A, S515A
2009-2010: S7388, S7388

Sponsor Memo

BILL NUMBER:S1064A

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 cr 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
S.515A/A10755 of 2011-2012; 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
________________________________________________________________________

                                 1064--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MAZIARZ, AVELLA, DeFRANCISCO, LARKIN, SAVINO, YOUNG
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Transportation -- recommitted  to  the  Committee  on
  Transportation  in  accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02093-02-3

S. 1064--A                          2

FIVE  HUNDRED  dollars  or by imprisonment for not more than one hundred
eighty days or by both such fine and imprisonment.
  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
person[.]; OR
  2. HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON OR PERSONS WHILE OPER-
ATING  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.

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