NY State Senate Bill 2009-S1227

Senate Bill S1227

2009-2010 Legislative Session

Relates to the penalty for violating certain provisions requiring a stop at a railroad crossing

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 28, 2009	referred to transportation

co-Sponsors

2009-S1227 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1170 & 502, V & T L

2009-S1227 (ACTIVE) - Summary

Relates to the penalty for violating certain provisions requiring a stop at a railroad crossing.

2009-S1227 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1227

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to the
penalty for violating certain provisions requiring a stop at a
railroad crossing


 PURPOSE OR GENERAL IDEA OF BILL :
This legislation increases the penalty for any person causing physical
injury or serious physical injury to another as a result of his/her
failure to stop at a railroad crossing. The intent of this legislation
is to deter this type of unlawful activity by attaching a stronger
penalty.

 SUMMARY OF SPECIFIC LEGISLATION :
Section 1. Paragraph 2 of subdivision (c) of section 1170 of the
vehicle and traffic law, as added by chapter 430 of the laws of 1996
is amended to require a mandatory term of imprisonment of one year for
any person causing physical injury to another as a result of his/her
failure to stop at a railroad crossing.

Section 2. Subparagraph (i) of paragraph (a) of subdivision 4 of
section 502 of the vehicle and traffic law, as amended by chapter 585
of the laws of 2002, is amended to require an applicant for a drivers
license to illustrate that he/she has knowledge of the vehicle and

traffic laws including the penalties for violating section 1170 of
this chapter pertaining to obedience of signals indicating approach of
a train before he/she may be granted a drivers license.

Section 3: Effective Date.

 JUSTIFICATION :
Motorists who disobey the traffic laws are a serious risk to railroad
passengers and operators. Across the nation, we have seen an increase
in vehicle/train accidents due to motorists' blatant disregard for
safety. This type of conduct has caused unnecessary physical injury as
well as unnecessary delays and other burdens to the railroad industry.
When the laws we pass to protect the citizens of this State have
penalties that are ineffective deterrents, we must institute stronger
penalties. This legislation requires one year of mandatory
imprisonment for any person causing physical injury to another by
failing to obey a railroad signal indicating the approach of a train.

 LEGISLATIVE HISTORY :


 FISCAL IMPLICATIONS :
None.

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

2009-S1227 (ACTIVE) - Bill Text download pdf

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

                                  1227

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sens.  THOMPSON,  C. JOHNSON,  ONORATO -- 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 penalty
  for violating certain provisions requiring a stop at a railroad cross-
  ing

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

  Section 1. Paragraph 2 of subdivision (c) of section 1170 of the vehi-
cle  and  traffic  law,  as added by chapter 430 of the laws of 1996, is
amended to read as follows:
  2. Any person convicted of a violation of this section resulting in an
accident which causes physical injury, as that term is defined  pursuant
to  subdivision nine of section 10.00 of the penal law, serious physical
injury, as that term is defined pursuant to subdivision ten  of  section
10.00 of the penal law, or death to another person, shall be guilty of a
[class E] felony AND SHALL BE SENTENCED TO A TERM OF IMPRISONMENT OF ONE
YEAR THEREFOR.
  S 2. Subparagraph (i) of paragraph (a) of subdivision 4 of section 502
of the vehicle and traffic law, as amended by chapter 585 of the laws of
2002, is amended to read as follows:
  (i)  Upon  submission  of  an  application for a driver's license, the
applicant shall be required to take and pass a test, or submit  evidence
of  passage of a test, with respect to the laws relating to traffic, the
laws relating to driving while ability is impaired and while  intoxicat-
ed, under the overpowering influence of "Road Rage", or "Work Zone Safe-
ty"  awareness  as  defined by the commissioner, the ability to read and
comprehend traffic  signs  and  symbols,  THE  PENALTIES  FOR  VIOLATING
SECTION  ELEVEN  HUNDRED SEVENTY OF THIS CHAPTER PERTAINING TO OBEDIENCE
TO SIGNAL INDICATING APPROACH OF A TRAIN, and such other matters as  the
commissioner  may  prescribe,  and  to  satisfactorily complete a course

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04699-01-9

S. 1227                             2

prescribed by the commissioner of not less than four hours and not  more
than  five  hours,  consisting  of classroom driver training and highway
safety instruction or the equivalent thereof. Such test shall include at
least  seven  written questions concerning the effects of consumption of
alcohol or drugs on the ability of a person to operate a  motor  vehicle
and  the  legal  and financial consequences resulting from violations of
section eleven hundred ninety-two of this chapter, prohibiting the oper-
ation of a motor vehicle while under the influence of alcohol or  drugs.
Such  test  shall  include  one or more written questions concerning the
devastating effects of "Road Rage" on the ability of a person to operate
a motor vehicle and the legal and financial consequences resulting  from
assaulting, threatening or interfering with the lawful conduct of anoth-
er person legally using the roadway. Such test shall include one or more
questions  concerning  the  potential  dangers  to persons and equipment
resulting from the unsafe operation of a motor vehicle in a  work  zone.
Such  test  shall  be administered by the commissioner. The commissioner
shall cause the applicant to take a vision test and  a  test  for  color
blindness.  Upon  passage  of  the  vision  test, the application may be
accepted and the application fee shall be payable.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S1227

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Sponsored By

Antoine M. Thompson