senate Bill S2646

Makes the owner of a vehicle used to pass or overtake a stopped school bus jointly liable with the operator thereof when violation is on camera or observed

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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

  • 23 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Makes the owner of a vehicle used to pass or overtake a stopped school bus jointly liable with the operator thereof when such violation is captured on a camera or observed by a school bus driver; authorizes the use of photographic evidence in the prosecution of such infraction; includes within the class A misdemeanor of assault in the third degree, the causation of physical injury to another person while passing or overtaking a stopped school bus; includes within the class E felony of criminally negligent homicide, the causation of death to another person while passing or overtaking a stopped school bus.

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Bill Details

Versions:
S2646
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §225-a, amd §§226, 227 & 1174, V & T L; amd §§120.00 & 125.10, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4897
2009-2010: A7259

Sponsor Memo

BILL NUMBER:S2646

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the liability of
owners of motor vehicles used to overtake or pass a stopped school bus
receiving or discharging passengers and authorizing the use of
photographic evidence in the prosecution of such traffic infraction; and
to amend the penal law, in relation to assault in the third degree and
criminally negligent homicide

PURPOSE:
This legislation makes the owner of a vehicle used to pass or overtake
a stopped school bus jointly liable with the operator thereof when
violation is on camera or observed.

JUSTIFICATION:
The Vehicle and Traffic Law requires that all motorists stop for a
school bus with its red lights illuminated indicating that it is
picking up or discharging students. Current estimates indicate that
motorists illegally pass a stopped school bus more than 75,000 times
per day which places our children at risk of injury or even death.
Illegally passing motorists have been responsible for killing two of
New York's children in the past four years and several more children
have been injured as a result.

This bill adds a new section to the Vehicle and Traffic Law allowing
for photographic evidence to be used to report overtaking a stopped
school bus violation. This bill further amends the Vehicle and
Traffic Law to allow for a summons to be issued to the registered
owner of vehicles identified as illegally passing school buses that
are stopped for dropping off or picking up students.

Section 120.00 of the Penal Law is amended to establish the crime of
aggravated assault when an individual is injured and criminally
negligent homicide when an individual is killed in the act of
illegally passing a school bus.

LEGISLATIVE HISTORY:
4/29/11 Referred to Transportation
1/4/12 Referred to Transportation

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect on the first of September next succeeding
the date on which it shall have become law.

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

                                  2646

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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, in relation to the  liabil-
  ity  of  owners  of  motor vehicles used to overtake or pass a stopped
  school bus receiving or discharging passengers and authorizing the use
  of photographic evidence in the prosecution of  such  traffic  infrac-
  tion;  and to amend the penal law, in relation to assault in the third
  degree and criminally negligent homicide

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 225-a to read as follows:
  S 225-A. OWNERSHIP AND OPERATION OF VEHICLES; LIABILITY FOR PASSING OR
OVERTAKING STOPPED SCHOOL BUS. 1.   DEFINITIONS. WHENEVER USED  IN  THIS
ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "OWNER"  MEANS ANY PERSON, CORPORATION, PARTNERSHIP, FIRM, AGENCY,
ASSOCIATION, LESSOR OR ORGANIZATION WHO AT THE TIME OF THE ISSUANCE OF A
NOTICE OF VIOLATION:
  (1) IS THE BENEFICIAL OR EQUITABLE OWNER OF A VEHICLE; OR
  (2) HAS TITLE TO A VEHICLE; OR
  (3) IS THE REGISTRANT OR CO-REGISTRANT OF A VEHICLE  WHICH  IS  REGIS-
TERED  WITH  THE  DEPARTMENT  OR THE DEPARTMENT OF MOTOR VEHICLES OF ANY
OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION  OR  OTHER  JURISDIC-
TION; OR
  (4) USES A VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS; OR
  (5)  IS  AN OWNER OF A VEHICLE AS DEFINED BY SECTION ONE HUNDRED TWEN-
TY-EIGHT OF THIS CHAPTER.
  B. "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGENCY,
ASSOCIATION  OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEAS-
ING VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07168-01-3

S. 2646                             2

OTHERWISE,  WHEREIN  THE  SAID LESSEE OR BAILEE HAS THE EXCLUSIVE USE OF
SAID VEHICLE FOR ANY PERIOD OF TIME.
  C.  "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
ASSOCIATION OR ORGANIZATION THAT RENTS, BAILS, LEASES OR  CONTRACTS  FOR
THE  USE  OF  ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE USE THEREOF FOR
ANY PERIOD OF TIME.
  D. "VEHICLE" MEANS A VEHICLE AS DEFINED IN SECTION ONE HUNDRED  FIFTY-
NINE OF THIS CHAPTER.
  E.  "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGEN-
CY, ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A  VEHICLE
WITH  OR  WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER WHO OPERATES
HIS OR HER OWN VEHICLE.
  F. "NOTICE OF VIOLATION" MEANS A NOTICE OF  VIOLATION  AS  DEFINED  IN
PARAGRAPH  (B)  OF  SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-SIX OF
THIS ARTICLE.
  G. "FISCAL YEAR" MEANS A PERIOD OF ONE YEAR COMMENCING  ON  THE  FIRST
DAY OF JULY AND TERMINATING ON THE THIRTIETH DAY OF JUNE.
  H.  "PRIMARY  FILING"  MEANS  THE INITIAL FILING OF REGISTRATION PLATE
NUMBERS BY A LESSOR PRIOR TO THE COMMENCEMENT OF EACH FISCAL YEAR.
  2. LIABILITY. A. THE OPERATOR OF A VEHICLE SHALL  BE  LIABLE  FOR  THE
FINES OR PENALTIES IMPOSED PURSUANT TO THIS ARTICLE. EXCEPT AS OTHERWISE
PROVIDED  IN  PARAGRAPHS  B  AND E OF THIS SUBDIVISION, THE OWNER OF THE
VEHICLE, EVEN  IF  NOT  THE  OPERATOR  THEREOF,  SHALL  BE  JOINTLY  AND
SEVERALLY LIABLE WITH THE OPERATOR THEREOF FOR ANY VIOLATION OF SUBDIVI-
SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER, IF SUCH
VEHICLE  WAS  USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS
OR IMPLIED, BUT IN SUCH CASE THE OWNER MAY RECOVER ANY FINE OR PENALTIES
PAID BY HIM OR HER FROM THE OPERATOR.
  B. THE LESSOR OF A MOTOR VEHICLE SHALL NOT  BE  LIABLE  FOR  FINES  OR
PENALTIES IMPOSED PURSUANT TO THIS ARTICLE FOR ANY VIOLATION OF SUBDIVI-
SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER IF:
  (1)  PRIOR  TO THE INFRACTION, THE LESSOR HAS FILED WITH THE OFFICE OF
THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF  VIOLATION  THE  REGISTRATION
PLATE  NUMBER,  PLATE  TYPE, AND PLACE OF REGISTRATION OF THE VEHICLE TO
WHICH THE NOTICE OF VIOLATION WAS ISSUED AND PAID  THE  REQUIRED  FILING
FEE PROVIDED IN PARAGRAPH F OF THIS SUBDIVISION AND,
  (2) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE OFFICE OF
THE  DEPARTMENT  SPECIFIED  IN  SUCH NOTICE OF VIOLATION OF THE DATE AND
TIME OF A VIOLATION, TOGETHER WITH THE OTHER  INFORMATION  CONTAINED  IN
THE  ORIGINAL  NOTICE  OF VIOLATION, THE LESSOR SUBMITS TO THE OFFICE OF
THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION  THE  CORRECT  NAME
AND  ADDRESS  OF  THE  LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF
VIOLATION AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER  ADDI-
TIONAL  INFORMATION  CONTAINED  IN  THE  RENTAL, LEASE OR OTHER CONTRACT
DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE OFFICE OF THE  DEPARTMENT
SPECIFIED  IN  SUCH NOTICE OF VIOLATION PURSUANT TO REGULATIONS THAT MAY
BE PROMULGATED FOR SUCH PURPOSE.
  C. IF THE LESSOR HAS COMPLIED WITH SUBPARAGRAPH ONE OF PARAGRAPH B  OF
THIS  SUBDIVISION  SUCH  LESSOR SHALL NOT BE LIABLE FOR ANY PENALTIES IN
EXCESS OF THE SCHEDULED FINE UNLESS SUCH LESSOR FAILS TO  APPEAR  WITHIN
THIRTY-SEVEN DAYS OF ACTUAL RECEIPT OF A NOTICE OF VIOLATION PURSUANT TO
PARAGRAPH E OF THIS SUBDIVISION.
  D. IF THE LESSOR WHO HAS COMPLIED WITH SUBPARAGRAPH ONE OF PARAGRAPH B
OF  THIS SUBDIVISION HAS PAID ANY FINE OR PENALTY FOR WHICH HE OR SHE IS
LIABLE AND THE OFFICE OF THE DEPARTMENT  SPECIFIED  IN  SUCH  NOTICE  OF
VIOLATION  SUBSEQUENTLY  COLLECTS FROM THE OPERATOR OR LESSEE THE AMOUNT

S. 2646                             3

OF THE SCHEDULED FINE AND PENALTY OWED BY SUCH PERSON,  OR  ANY  PORTION
THEREOF,  THE  LESSOR SHALL BE ENTITLED TO REIMBURSEMENT FROM THE OFFICE
OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION OF THE AMOUNT OF
THE  FINE  AND  PENALTY PAID BY THE LESSOR, LESS THE COSTS OF COLLECTION
INCURRED BY SUCH OFFICE OF THE DEPARTMENT.
  E. THE LESSOR SHALL NOT BE  LIABLE  FOR  ANY  FINES  OR  PENALTIES  IN
CONNECTION  WITH  A NOTICE OF VIOLATION FOR A VEHICLE WHOSE REGISTRATION
PLATE NUMBER IS FILED AND THE FEE THEREFOR PAID PRIOR TO THE TIME OF THE
ISSUANCE OF NOTICE OF VIOLATION, UNLESS THE LESSOR SHALL RECEIVE  NOTICE
FROM  THE OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION
OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMA-
TION CONTAINED IN THE ORIGINAL NOTICE OF VIOLATION, WITHIN  NINETY  DAYS
AFTER SERVICE OF THE NOTICE OF VIOLATION, IN ACCORDANCE WITH SUBDIVISION
ONE OF SECTION TWO HUNDRED TWENTY-SIX OF THIS ARTICLE.
  F.  THE  ANNUAL  FEE  FOR  FILING A REGISTRATION PLATE NUMBER WITH THE
DEPARTMENT BY LESSORS UNDER THIS SECTION SHALL  BE  TWELVE  DOLLARS  PER
FISCAL  YEAR.  LESSORS  SHALL  ALSO PROVIDE THE OFFICE OF THE DEPARTMENT
SPECIFIED IN SUCH NOTICE OF VIOLATION WITH SUCH OTHER ADDITIONAL  INFOR-
MATION  IN  SUCH FORMAT AS THE COMMISSIONER BY REGULATION MAY REASONABLY
REQUIRE. THE REGISTRATION PLATE NUMBER SHALL  NOT  BE  CONSIDERED  FILED
WITH  THE OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION
UNLESS THE ANNUAL FILING FEE PROVIDED FOR IN THIS SUBDIVISION SHALL HAVE
BEEN PAID. LESSORS SHALL NOT BE ENTITLED TO A REFUND, REDUCTION,  CREDIT
OR  OTHER CONSIDERATION IN CONNECTION WITH SUCH ANNUAL FILING FEE IN THE
EVENT THAT SUCH REGISTRATION PLATE NUMBER  IS  WITHDRAWN  FROM  SERVICE,
DESTROYED OR SURRENDERED DURING THE FISCAL YEAR FOR WHICH SUCH REGISTRA-
TION  PLATE  NUMBER  SHALL  HAVE  BEEN FILED. IN THE EVENT THAT A LESSOR
FILES WITH THE OFFICE OF THE DEPARTMENT  SPECIFIED  IN  SUCH  NOTICE  OF
VIOLATION  REGISTRATION PLATE NUMBERS DURING THE FISCAL YEAR, THE ANNUAL
FILING FEE FOR SAME SHALL BE PRORATED ON A MONTHLY BASIS, IN  ACCORDANCE
WITH A SCHEDULE THAT THE COMMISSIONER SHALL PROMULGATE BY REGULATION FOR
SUCH  PURPOSE.  THE  PRIMARY  FILING BY EACH LESSOR FOR EACH FISCAL YEAR
SHALL BE  MADE AT LEAST THIRTY DAYS PRIOR TO  THE  COMMENCEMENT  OF  THE
FISCAL YEAR.
  G.  WHERE THE UNITED STATES POSTAL AUTHORITIES RETURN TO THE OFFICE OF
THE DEPARTMENT SPECIFIED IN  SUCH  NOTICE  OF  VIOLATION  A  DELINQUENCY
NOTICE  FORWARDED  BY  THE  OFFICE  OF  THE DEPARTMENT SPECIFIED IN SUCH
NOTICE OF VIOLATION TO A NAME AND ADDRESS OF A  LESSEE  FURNISHED  BY  A
LESSOR IN ACCORDANCE WITH PROVISIONS OF THIS SECTION, SUCH RETURN NOTICE
SHALL BE PRESUMPTIVE EVIDENCE OF THE FURNISHING OF AN INCORRECT NAME AND
ADDRESS  BY THE LESSOR. THE LESSOR MAY, HOWEVER, CONCLUSIVELY REBUT SUCH
PRESUMPTION IF WITHIN SIXTY DAYS AFTER RECEIVING NOTIFICATION  FROM  THE
OFFICE  OF  THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION OF SUCH
RETURNED MAIL NOTICE, THE LESSOR SHALL PROVIDE  TO  THE  OFFICE  OF  THE
DEPARTMENT  SPECIFIED  IN  SUCH NOTICE OF VIOLATION A COPY OF THE RENTAL
AGREEMENT OR LEASE AGREEMENT FOR SUCH LESSEE  CONTAINING  THE  NAME  AND
ADDRESS  PREVIOUSLY  FURNISHED TO THE OFFICE OF THE DEPARTMENT SPECIFIED
IN SUCH NOTICE OF VIOLATION. IN THE EVENT THAT A LESSOR  SHALL  FAIL  TO
REBUT  THE PRESUMPTION ESTABLISHED BY THIS SUBDIVISION, THE LESSOR SHALL
BE LIABLE FOR THE FINES IMPOSED PURSUANT TO THIS ARTICLE AND IN  ACCORD-
ANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
  H.  THE  COMMISSIONER  SHALL  BY  RULES  AND REGULATIONS PRESCRIBE THE
MANNER AND METHOD OF GIVING NOTICE  OF  OUTSTANDING  VIOLATIONS  TO  THE
LESSEES.  ALL  NOTICES  TO  LESSORS UNDER THIS SECTION SHALL BE BY FIRST
CLASS MAIL TO THE ADDRESS ON FILE WITH  THE  OFFICE  OF  THE  DEPARTMENT

S. 2646                             4

SPECIFIED IN SUCH NOTICE OF VIOLATION OR BY SUCH OTHER MEANS AS SHALL BE
PROVIDED FOR IN THE RULES AND REGULATIONS OF THE COMMISSIONER.
  I.  A LESSOR SHALL COOPERATE BY PROVIDING THE OFFICE OF THE DEPARTMENT
SPECIFIED IN SUCH NOTICE OF VIOLATION, OR ITS  DESIGNATED  AGENTS,  WITH
SUCH OTHER ADDITIONAL INFORMATION AS SHALL BE CONTAINED IN SUCH LESSOR'S
RENTAL  OR  LEASE AGREEMENTS WITH THEIR LESSEES AS SHALL BE AVAILABLE TO
THEM.
  3. STOLEN VEHICLES. IF ANY OWNER OF A MOTOR VEHICLE RECEIVES A  NOTICE
OF VIOLATION AS SUCH OWNER FOR A PERIOD DURING WHICH THE DESCRIBED VEHI-
CLE  WAS  REPORTED  TO  ANY  POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT
SHALL BE A VALID DEFENSE TO ANY CHARGE OF A VIOLATION OF SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER CHARGED  PURSUANT
TO  THIS  ARTICLE THAT THE MOTOR VEHICLE HAD BEEN REPORTED TO THE POLICE
AS STOLEN PRIOR TO THE TIME THE VIOLATION  OCCURRED  AND  HAD  NOT  BEEN
RECOVERED  BY  SUCH  TIME.  FOR  THE  PURPOSES  OF ASSERTING THE DEFENSE
PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT  THAT  A  CERTIFIED
COPY  OF THE POLICE REPORT OF THE STOLEN VEHICLE BE MAILED TO THE OFFICE
OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION.
  S 2. The section heading and subdivision 1 of section 226 of the vehi-
cle and traffic law, as added by chapter 1074 of the laws of  1969,  are
amended to read as follows:
  Summons;  NOTICE  OF VIOLATION; answer. 1.  Summons.  (A) GENERAL. The
commissioner shall be authorized to prescribe by regulation the form for
the summons and complaint to be used for all traffic  violations  speci-
fied in subdivision one of section two hundred twenty-five of this chap-
ter, and to establish procedures for proper administrative controls over
the  disposition  thereof.   Such summons may be the same as the uniform
summons provided for in section two hundred seven of this chapter.   The
chief  executive officer of each local police force which is required to
use the summons and complaint provided for herein shall prepare or cause
to be prepared such records and reports as  may  be  prescribed  by  the
commissioner.
  (B)  NOTICE  OF  VIOLATION.  WHENEVER  PHOTOGRAPHIC EVIDENCE OF OR THE
OPERATOR OF A SCHOOL BUS REPORTS  A  VIOLATION  OF  SUBDIVISION  (A)  OF
SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR OF THIS CHAPTER, A SUMMONS MAY BE
SERVED BY MAIL UPON THE OWNER OF THE VEHICLE OBSERVED IN SUCH  VIOLATION
AS  SET  FORTH  IN THE RECORDS OF THE DEPARTMENT PROVIDED, HOWEVER, THAT
SUCH SUMMONS IS ACCOMPANIED BY A NOTICE OF VIOLATION REFERRING  TO  SUCH
SUMMONS,  BOTH  IN  FORM  AS SHALL BE PRESCRIBED BY THE COMMISSIONER FOR
THIS PURPOSE, SUCH VEHICLE IS IDENTIFIED IN  SUCH  NOTICE  OF  VIOLATION
BOTH BY ITS REGISTRATION PLATE NUMBER AND A DESCRIPTION THEREOF, INCLUD-
ING ITS MAKE, MODEL, BODY TYPE AND COLOR, AND SUCH NOTICE IS ACCOMPANIED
BY  SAID  OFFICER'S CERTIFICATION OF THE EVIDENCE WHICH IS THE BASIS FOR
SUCH VIOLATION AUTHORIZING THE MAILING THEREOF. WHEN  SUCH  SUMMONS  AND
NOTICE  OF  VIOLATION  ARE  SO SERVED BY MAIL PURSUANT TO THIS PARAGRAPH
DUPLICATES OR FACSIMILES THEREOF SHALL BE FILED WITH AND RETAINED BY THE
OFFICE OF THE DEPARTMENT SPECIFIED ON SUCH NOTICE OF VIOLATION, SHALL BE
DEEMED RECORDS KEPT IN THE ORDINARY COURSE  OF  BUSINESS  AND  SHALL  BE
PRIMA  FACIE  EVIDENCE OF THE FACTS CONTAINED THEREIN; IN ADDITION, SUCH
NOTICE OF VIOLATION AND SUMMONS SERVED BY MAIL AS HEREIN PROVIDED  SHALL
HAVE  THE  SAME  FORCE  AND  EFFECT  AND  THE RECIPIENT THEREOF SHALL BE
SUBJECT TO THE SAME PENALTIES FOR DISREGARD THEREOF AS THOUGH  THE  SAME
WERE  PERSONALLY  SERVED  ON  THE  PERSON CHARGED WITH THE VIOLATION SET
FORTH THEREIN, EXCEPT AS MAY OTHERWISE BE SET FORTH IN THIS ARTICLE, AND
SHALL HAVE CLEARLY IMPRINTED THEREON IN EASILY  VISIBLE  BLOCK  LETTERS:
YOUR FAILURE TO ANSWER THIS SUMMONS MAY RESULT IN THE SUSPENSION OF YOUR

S. 2646                             5

LICENSE  OR DRIVING PRIVILEGE PURSUANT TO S 226 OF THE VEHICLE AND TRAF-
FIC LAW.
  S  3. Subdivision 3 and paragraph a of subdivision 4 of section 227 of
the vehicle and traffic law, subdivision 3 as amended by chapter 337  of
the  laws  of 1970 and renumbered by chapter 288 of the laws of 1989 and
paragraph a of subdivision 4 as amended by section 7 of part J of  chap-
ter 62 of the laws of 2003, are amended to read as follows:
  3.  After due consideration of the evidence and arguments offered in a
contested case, the hearing officer shall determine whether the  charges
have  been established. IN THE CASE OF AN OWNER CHARGED AS SUCH PURSUANT
TO THIS ARTICLE, IT SHALL BE A COMPLETE DEFENSE TO SUCH  CHARGE  THAT  A
VEHICLE  ALLEGED  TO BE IN VIOLATION WAS OPERATED WITHOUT THE PERMISSION
OF SUCH OWNER OR HIS AGENT AND THE ESTABLISHMENT OF LACK  OF  PERMISSION
SHALL  RESULT  IN  AN  ORDER  DISMISSING SUCH CHARGE AGAINST SUCH OWNER.
Where the charges have not been established,  an  order  dismissing  the
charges  shall  be entered.  Where a determination is made that a charge
has been established, either in a contested case or  in  an  uncontested
case  where  there  is  an appearance before a hearing officer, or if an
answer admitting the charge otherwise has been received, an  appropriate
order shall be entered in the department's records.
  a.  An order entered upon the failure to answer or appear or after the
receipt of an answer admitting the charge or where  a  determination  is
made  that the charge has been established shall be civil in nature, but
shall be treated as a conviction for the purposes of this  chapter.  The
commissioner  or his designee may include in such order an imposition of
any penalty authorized by any provision of this chapter for a conviction
of such violation, except that no  penalty  [therefore]  THEREFOR  shall
include  imprisonment,  nor,  if monetary, exceed the amount of the fine
which could have been imposed had the charge been heard by a court.  The
driver's  license  or privileges, or, if the charge involves a violation
of section three hundred eighty-five or section four hundred one of this
chapter by a registrant who was not the operator  of  the  vehicle,  the
registration  of  such  vehicle  or  privilege of operation of any motor
vehicle owned by such registrant may be suspended pending the payment of
any penalty so imposed; HOWEVER, IN THE CASE OF AN OWNER CHARGED AS SUCH
PURSUANT TO THIS ARTICLE, HIS OR HER DRIVER'S LICENSE OR PRIVILEGE SHALL
NOT BE AFFECTED BY SUCH ORDER OR DETERMINATION OTHER THAN AS  SUSPENSION
THEREOF  FOR  FAILURE TO APPEAR OR PAY AS SET FORTH IN THIS ARTICLE, NOR
SHALL A CONVICTION HEREUNDER OF SUCH OWNER AS  SUCH  RESULT  IN  DEPART-
MENTAL  ADMINISTRATIVE SANCTIONS AFFECTING HIS OR HER DRIVING LICENSE OR
PRIVILEGE. Any suspension issued pursuant to  this  paragraph  shall  be
subject  to  the  provisions  of  paragraph  (j-1) of subdivision two of
section five hundred three of this chapter.
  S 4. Section 1174 of the vehicle and traffic law is amended by  adding
a new subdivision (b-1) to read as follows:
  (B-1)  THE DRIVER AND/OR OWNER OF A VEHICLE CHARGED WITH THE VIOLATION
OF SUBDIVISION (A) OF THIS SECTION, MAY BE  PROSECUTED  BASED  UPON  THE
OBSERVATIONS OF THE DRIVER OF A SCHOOL BUS OR PHOTOGRAPHIC EVIDENCE.
  S 5. Section 120.00 of the penal law is amended to read as follows:
S 120.00 Assault in the third degree.
  A person is guilty of assault in the third degree when:
  1.  With  intent to cause physical injury to another person, he OR SHE
causes such injury to such person or to a third person; or
  2. He OR SHE recklessly causes physical injury to another person; or

S. 2646                             6

  3. With criminal negligence, he  OR  SHE  causes  physical  injury  to
another person by means of a deadly weapon or a dangerous instrument[.];
OR
  4.  HE OR SHE CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHILE OPERATING
A MOTOR VEHICLE IN  VIOLATION  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN
HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
  Assault in the third degree is a class A misdemeanor.
  S 6. 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  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 7. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.

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