S T A T E O F N E W Y O R K
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7672
2013-2014 Regular Sessions
I N A S S E M B L Y
May 30, 2013
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to criminaliz-
ing the operation of a school bus by a person having any amount of
alcohol in his or her blood and providing sanctions for violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1192 of the vehicle and traffic law is amended by
adding a new subdivision 6-a to read as follows:
6-A. SCHOOL BUSES: PER SE. NOTWITHSTANDING THE PROVISIONS OF SECTION
ELEVEN HUNDRED NINETY-FIVE OF THIS ARTICLE, NO PERSON SHALL OPERATE A
SCHOOL BUS WHILE SUCH PERSON HAS ANY AMOUNT OF ALCOHOL IN THE PERSON'S
BLOOD AS SHOWN BY CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD, BREATH,
URINE OR SALIVA, MADE PURSUANT TO THE PROVISIONS OF SECTION ELEVEN
HUNDRED NINETY-FOUR OF THIS ARTICLE.
S 2. Subparagraph 4-a of paragraph (d) of subdivision 1 and subpara-
graph 4-a of paragraph (b) of subdivision 2 of section 1193 of the vehi-
cle and traffic law, subparagraph 4-a and paragraph (d) of subdivision 1
as amended by chapter 732 of the laws of 2006 and subparagraph 4-a of
paragraph (b) of subdivision 2 as added by chapter 26 of the laws of
1996, are amended to read as follows:
(4-a) A violation of subdivision [two, three, four or four-a] SIX-A of
section eleven hundred ninety-two of this article wherein the violator
is operating a school bus as defined in section one hundred forty-two of
this chapter and such school bus is carrying at least one student
passenger shall be a class E felony punishable by a fine of not less
than one thousand dollars nor more than five thousand dollars, or by a
period of imprisonment as provided in the penal law, or by both such
fine and imprisonment. [A violation of subdivision two-a of section
eleven hundred ninety-two of this article wherein the violator is oper-
ating a school bus as defined in section one hundred forty-two of this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10799-01-3
A. 7672 2
chapter and such school bus is carrying at least one student passenger
shall be a class D felony punishable by a fine of not less than two
thousand dollars nor more than ten thousand dollars, or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment.]
(4-a) School buses. (A) [One year, where the holder is convicted of a
violation of any subdivision of section eleven hundred ninety-two of
this article, such violation was committed while the holder was driving
a school bus, and the holder is sentenced pursuant to subparagraph one,
one-a or four-a of paragraph (d) of subdivision one of this section.
(B)] Three years where the holder is convicted of a violation of any
subdivision of section eleven hundred ninety-two of this article, such
violation was committed while the holder was driving a school bus, and
the holder is sentenced pursuant to subparagraph four of paragraph (d)
of subdivision one of this section.
[(C)] (B) Notwithstanding the provisions of the opening paragraph of
this paragraph [(b)], the commissioner shall not revoke the registration
of a school bus driven in violation of section eleven hundred ninety-two
of this article.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.