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