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Assembly Bill A4773

2013-2014 Legislative Session

Creates crime of vehicular assault in the third degree; crime is committed by injury to another person while unlawfully passing stopped school bus

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Archive: Last Bill Status - In Assembly Committee

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2013-A4773 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §120.02-a, amd §§120.03 & 125.12, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6256
2011-2012: A7165
2015-2016: A4373
2017-2018: A4447
2019-2020: A3767
2021-2022: A5507

2013-A4773 (ACTIVE) - Summary

Establishes crime of vehicular assault in the third degree where person, with criminal negligence, causes physical injury to another person while unlawfully overtaking and passing a stopped school bus; expands other degrees of crime to include unlawfully passing a stopped school bus.

2013-A4773 (ACTIVE) - Bill Text download pdf 

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

                                  4773

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by  M.  of  A.  PALMESANO  -- Multi-Sponsored by -- M. of A.
  BARCLAY, BLANKENBUSH,  CERETTO,  CROUCH,  FINCH,  GABRYSZAK,  GOODELL,
  GRAF,  HAWLEY,  McDONOUGH, McKEVITT, McLAUGHLIN, RAIA, SALADINO, STEC,
  TENNEY -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to  the  crime  of  vehicular
  assault in the third degree

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

  Section 1. The penal law is amended by adding a new  section  120.02-a
to read as follows:
S 120.02-A VEHICULAR ASSAULT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF VEHICULAR ASSAULT IN THE THIRD DEGREE WHEN, WITH
CRIMINAL NEGLIGENCE AND AS A RESULT OF SUCH NEGLIGENCE, HE OR SHE CAUSES
PHYSICAL  INJURY TO ANOTHER PERSON WHILE UNLAWFULLY OVERTAKING AND PASS-
ING A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR  OF
THE VEHICLE AND TRAFFIC LAW.
  VEHICULAR ASSAULT IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
  S 2. Section 120.03 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
  (1-A) CAUSES SUCH SERIOUS PHYSICAL INJURY TO ANOTHER PERSON WHEN, WITH
CRIMINAL NEGLIGENCE AND AS A RESULT OF SUCH NEGLIGENCE, HE OR SHE UNLAW-
FULLY  OVERTAKES  AND PASSES A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN
HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW, OR
  S 3. Section 125.12 of the penal law is amended by adding a new subdi-
vision 1-a to read as follows:
  (1-A) CAUSES THE DEATH OF SUCH PERSON WHEN, WITH  CRIMINAL  NEGLIGENCE
AND  AS  A RESULT OF SUCH NEGLIGENCE, HE OR SHE UNLAWFULLY OVERTAKES AND
PASSES A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY-FOUR
OF THE VEHICLE AND TRAFFIC LAW, OR
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01266-01-3

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