S T A T E O F N E W Y O R K
________________________________________________________________________
6256
2009-2010 Regular Sessions
I N A S S E M B L Y
February 27, 2009
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Introduced by M. of A. BACALLES, ALFANO, KOLB, RAIA, McDONOUGH, BARRA,
BURLING, REILICH -- Multi-Sponsored by -- M. of A. BARCLAY, CALHOUN,
CONTE, CROUCH, GIGLIO, HAWLEY, McKEVITT, MOLINARO, SPANO, THIELE,
WALKER -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of vehicular
assault in the third degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 120.02-a
to read as follows:
S 120.02-A VEHICULAR ASSAULT IN THE THIRD DEGREE.
A PERSON IS GUILTY OF VEHICULAR ASSAULT IN THE THIRD DEGREE WHEN WITH
CRIMINAL NEGLIGENCE HE CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHILE
UNLAWFULLY OVERTAKING AND PASSING A SCHOOL BUS IN VIOLATION OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
VEHICULAR ASSAULT IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
S 2. Section 120.03 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
(1-A) CAUSES SUCH SERIOUS PHYSICAL INJURY TO ANOTHER PERSON WHILE
UNLAWFULLY OVERTAKING AND PASSING A SCHOOL BUS IN VIOLATION OF SECTION
ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW, OR
S 3. Section 125.12 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
(1-A) CAUSES THE DEATH OF SUCH PERSON WHILE UNLAWFULLY OVERTAKING AND
PASSING A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR
OF THE VEHICLE AND TRAFFIC LAW, OR
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08123-01-9