Senate Bill S5040

2013-2014 Legislative Session

Criminalizes the operation of a school bus by a person having any amount of alcohol in his or her blood and providing sanctions for violations

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Sponsored By

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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2013-S5040 (ACTIVE) - Details

See Assembly Version of this Bill:
A7672
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง1192 & 1193, V & T L
Versions Introduced in Other Legislative Sessions:
2015-2016: S734, A783
2017-2018: S1150, A2124
2019-2020: A4412
2021-2022: A1778
2023-2024: A4692

2013-S5040 (ACTIVE) - Summary

Criminalizes the operation of a school bus by a person having any amount of alcohol in his or her blood and providing sanctions for violations.

2013-S5040 (ACTIVE) - Sponsor Memo

2013-S5040 (ACTIVE) - Bill Text download pdf

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

                                  5040

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sens.  MARCELLINO,  FUSCHILLO  -- 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, 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10799-01-3
              

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