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

                                  7270

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 27, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Transportation

AN  ACT  to  amend the vehicle and traffic law and the education law, in
  relation to school bus safety

  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: for a first conviction thereof, be punished by a fine  of
not  less  than  two  hundred  fifty  dollars nor more than four hundred
dollars or by imprisonment for not more than thirty days or by both such
fine and imprisonment; 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 nor more than
seven hundred fifty dollars or by imprisonment for  not  more  than  one
hundred eighty days or by both such fine and imprisonment] SHALL CONSTI-
TUTE  A  CLASS  A MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN FIVE
HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS, IN ADDITION  TO  ANY
OTHER  PENALTIES PROVIDED BY LAW; upon a conviction of a third or subse-
quent 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 dollars nor more than one thousand dollars or by imprison-
ment for not more than one hundred eighty days or by both such fine  and
imprisonment] SUCH PERSON SHALL BE GUILTY OF A CLASS E FELONY PUNISHABLE
BY  A FINE OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWO THOUSAND FIVE
HUNDRED DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.  ANY
VIOLATION OF SUBDIVISION (A) OF THIS SECTION  THAT  RESULTS  IN  SERIOUS
PHYSICAL  INJURY  OR DEATH SHALL CONSTITUTE A CLASS E FELONY, PUNISHABLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03933-01-9

              

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BY A FINE OF NOT LESS THAN ONE THOUSAND  NOR  MORE  THAN  FIVE  THOUSAND
DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
  S  2.  Subdivision 4 of section 509-cc of the vehicle and traffic law,
as added by chapter 675 of the laws of 1985, paragraph (a) as amended by
chapter 93 of the laws of 2006, paragraph (b) as amended by chapter  360
of  the laws of 1986, and paragraph (c) as amended by chapter 345 of the
laws of 2007, is amended to read as follows:
  (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
of subdivision one and paragraph (a) of subdivision two of this  section
that  result  in  permanent  disqualification shall include a conviction
under [sections] SECTION 120.02, 120.12, 125.12, 125.20, 125.25, 125.26,
125.27, 130.20, 130.25, 130.30, 130.35, 130.45, 130.50, 130.52,  130.53,
130.60,  130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.95,
130.96, 135.25, 150.20, 230.20, 230.25, 230.30, 230.32, 230.40,  235.21,
235.22, 260.20, 260.21, 263.05, 263.10, 263.11, 263.15, OR 263.16 of the
penal  law  or  an attempt to commit any of the aforesaid offenses under
section 110.00 of the penal law,  or  any  offenses  committed  under  a
former section of the penal law which would constitute violations of the
aforesaid  sections  of the penal law, or any offenses committed outside
this state which would constitute violations of the  aforesaid  sections
of the penal law.
  (b)  The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (b) of subdivision  two  of  this  section
that  result  in  permanent  disqualification shall include a conviction
under sections 100.13, 105.15, 105.17, 115.08, 125.10,  125.15,  130.40,
[130.60,  130.65,]  135.20,  160.15,  220.18,  220.21,  220.39,  220.41,
220.43, 260.00, 263.05, 263.10, 263.15, 265.04 of the penal  law  or  an
attempt  to commit any of the aforesaid offenses under section 110.00 of
the penal law, or any offenses committed under a former section  of  the
penal law which would constitute violations of the aforesaid sections of
the  penal law, or any offenses committed outside this state which would
constitute violations of the aforesaid sections of the penal law.
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.13,  120.14,  120.25,
125.13, 125.14, 125.40, 125.45, 130.20, 130.25, 130.55, 135.10,  135.55,
140.17,  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
220.09, 220.16, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44,  220.60,
220.65, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06, [230.20, 230.25,
230.30,  230.32,]  235.05,  235.06,  235.07,  [235.21,]  240.06, 240.30,
240.31, 245.00, 260.10, [subdivision two of section 260.20 and] sections
260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12,  265.35  of  the
penal  law  or  an attempt to commit any of the aforesaid offenses under
section 110.00 of the penal law, or any similar offenses committed under
a former section of the penal law, or any  offenses  committed  under  a
former section of the penal law which would constitute violations of the
aforesaid  sections  of the penal law, or any offenses committed outside
this state which would constitute violations of the  aforesaid  sections
of the penal law.
  S  3. Subdivision 1 of section 2801-a of the education law, as amended
by chapter 380 of the laws of 2001, is amended to read as follows:
  1. The board of education or trustees, as defined in  section  two  of
this  chapter,  of  every  school  district  within  the  state, however
created, and every board of cooperative educational services and  county

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vocational  education and extension board and the chancellor of the city
school district of the city of New York shall adopt and amend a  compre-
hensive district-wide school safety plan and building-level school safe-
ty  plans  regarding crisis intervention, emergency response and manage-
ment, provided that in the city school district of the city of New York,
such plans shall be  adopted  by  the  chancellor  of  the  city  school
district.  Such plans shall be developed by a district-wide school safe-
ty  team and a building-level school safety team established pursuant to
subdivision four of this section and shall be in a form developed by the
commissioner in consultation  with  the  division  of  criminal  justice
services, the superintendent of the state police and any other appropri-
ate  state agencies.  SUCH PLANS SHALL INCLUDE A SPECIFIC DESCRIPTION OF
THE DISTRICT'S EMERGENCY RESPONSE PREPAREDNESS PLAN IN THE EVENT THAT  A
CRISIS  OR  EMERGENCY  ARISES  WHEN  CHILDREN ARE BEING TRANSPORTED BY A
DISTRICT. A school district  having  only  one  school  building,  shall
develop  a  single  building-level  school safety plan, which shall also
fulfill all requirements for development of a district-wide plan.
  S 4. Paragraph (b) of subdivision 1 of section 509-cc of  the  vehicle
and traffic law, as added by chapter 675 of the laws of 1985, is amended
to read as follows:
  (b)  for a period of [five] TEN years from the date of last conviction
specified herein, if that person
  (i) has been convicted within the preceding [five]  TEN  years  of  an
offense listed in paragraph (c) of subdivision four of this section that
was  committed on or after September fifteenth, nineteen hundred eighty-
five.  However, such disqualification shall be waived provided that  the
applicant  has been granted a certificate of relief from disabilities as
provided for in section seven hundred one of the  correction  law.  When
the  certificate is issued by a court for a conviction which occurred in
this state, it shall only be issued by  the  court  having  jurisdiction
over  such conviction. Such certificate shall specifically indicate that
the authority granting such certificate has considered the  bearing,  if
any, the criminal offense or offenses for which the person was convicted
will  have on the applicant's fitness or ability to operate a bus trans-
porting school children, prior to granting such a certificate;
  (ii) has been convicted of any violation  of  section  eleven  hundred
ninety-two  of  this  chapter or an offense committed outside this state
which would constitute a violation of section eleven hundred  ninety-two
of  this  chapter,  and  the  offense was committed while the driver was
driving a bus in the employ of a motor carrier or in the furtherance  of
a commercial enterprise in interstate, intrastate or foreign commerce;
  (iii)  has  been  twice convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter or offenses  committed
outside  this state which would constitute a violation of section eleven
hundred ninety-two of  this  chapter,  committed  within  the  preceding
[five] TEN year period;
  (iv)  has  been  twice  convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter, or an offense commit-
ted outside of this state which would  constitute  a  violation  of  any
subdivision of section one thousand one hundred ninety-two of this chap-
ter,  committed  within  any  ten year period after September fifteenth,
nineteen hundred eighty-five; or
  (v) has been convicted of leaving  the  scene  of  an  accident  which
resulted  in  personal injury or death under section six hundred of this
chapter or an offense  committed  outside  of  this  state  which  would
constitute a violation of section six hundred of this chapter.

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  S  5.  The  opening paragraph and subparagraph (i) of paragraph (c) of
subdivision 2 of section 509-cc of the vehicle and traffic law, as added
by chapter 675 of the laws of 1985, are amended to read as follows:
  for  a  period  of  [five]  TEN years from the date of last conviction
specified herein, if that person
  (i) has been convicted within the preceding [five]  TEN  years  of  an
offense  listed  in  paragraph  (c) of subdivision four of this section.
However, notwithstanding the provisions of subdivision three of  section
seven  hundred one of the correction law. Such disqualification shall be
waived provided that the applicant has been  granted  a  certificate  of
relief  from  disabilities  as  provided  for  in  section seven hundred
[one-g] ONE of the correction law. When the certificate is issued  by  a
court  for  a  conviction which occurred in this state, it shall only be
issued by the court  having  jurisdiction  over  such  conviction.  Such
certificate shall specifically indicate that the authority granting such
certificate  has considered the bearing, if any, the criminal offense or
offenses for which the person was convicted will have on the applicant's
fitness or ability to operate a bus transporting school children,  prior
to granting such a certificate.
  S 6. This act shall take effect immediately.