senate Bill S515A

2011-2012 Legislative Session

Creates stricter fines and criminal penalties for passing a stopped school bus

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2012 referred to transportation
delivered to assembly
passed senate
May 21, 2012 amended on third reading 515a
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.674
Jan 04, 2012 referred to transportation
Jan 05, 2011 referred to transportation

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S515 - Bill Details

See Assembly Version of this Bill:
A10755
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1174, V & T L; amd §§120.04-a & 125.10, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S7388

S515 - Bill Texts

view summary

Increases fines and penalties for passing a stopped school bus.

view sponsor memo
BILL NUMBER:S515

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 or 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

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   515

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. MAZIARZ, HANNON, JOHNSON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

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
FIVE HUNDRED dollars or by imprisonment for not more  than  one  hundred
eighty days or by both such fine and imprisonment;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01222-01-1

S. 515                              2

  (IV)  WHERE  AN  INDIVIDUAL  CONVICTED OF VIOLATING SUBDIVISION (A) OF
THIS SECTION AND (1) ALSO CAUSES INJURY  TO  A  PERSON  SUCH  INDIVIDUAL
SHALL  BE  CHARGED  WITH  THE  CRIME  OF AGGRAVATED VEHICULAR ASSAULT AS
DEFINED IN SECTION 120.04-A OF THE PENAL LAW  OR  (2)  ALSO  CAUSES  THE
DEATH  OF  A  PERSON, SUCH INDIVIDUAL SHALL BE CHARGED WITH THE CRIME OF
CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE  PENAL
LAW.
  S 2. Subdivision 5 of section 120.04-a of the penal law, as amended by
chapter 496 of the laws of 2009, is amended to read as follows:
  (5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty-five of this title  involving  the
operation  of  a  motor  vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of  a  motor  vehicle
which,  if committed in this state, would constitute a violation of this
article or article one hundred twenty-five of this title OR IS CONVICTED
OF VIOLATING ANY PROVISION OF SUBDIVISION (A) OF SECTION ELEVEN  HUNDRED
SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW; or
  S 3. This act shall take effect immediately.

Co-Sponsors

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S515A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10755
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1174, V & T L; amd §§120.04-a & 125.10, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S7388

S515A (ACTIVE) - Bill Texts

view summary

Increases fines and penalties for passing a stopped school bus.

view sponsor memo
BILL NUMBER:S515A

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 or 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

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 515--A
    Cal. No. 674

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  MAZIARZ,  AVELLA,  DeFRANCISCO,  HANNON, JOHNSON,
  LARKIN, 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
  -- reported favorably from said committee, ordered to first and second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01222-02-2

S. 515--A                           2

SAND ONE HUNDRED FIFTY dollars nor more than [one thousand] ONE THOUSAND
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 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 4. This act shall take effect immediately.

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