S T A T E   O F   N E W   Y O R K
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                                  2978

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 30, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

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
DOLLARS 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.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01320-02-5
              

S. 2978                             2

  (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 OR PERSONS WHILE OPER-
ATING 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.