NY State Senate Bill S2978

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	referred to transportation delivered to assembly passed senate
May 23, 2016	advanced to third reading
May 18, 2016	2nd report cal.
May 17, 2016	1st report cal.910
Apr 12, 2016	reported and committed to finance
Jan 06, 2016	referred to transportation returned to senate died in assembly
Jun 03, 2015	referred to transportation delivered to assembly passed senate
May 27, 2015	advanced to third reading
May 20, 2015	2nd report cal.
May 19, 2015	1st report cal.866
Feb 26, 2015	reported and committed to finance
Jan 30, 2015	referred to transportation

Votes

view votes

May 24, 2016 - floor Vote

S2978

floor

Aye

Nay

Absent

Excused

Abstained

May 17, 2016 - Finance committee Vote

S2978

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Apr 12, 2016 - Transportation committee Vote

S2978

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 3, 2015 - floor Vote

S2978

floor

Aye

Nay

Absent

Excused

Abstained

May 19, 2015 - Finance committee Vote

S2978

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 26, 2015 - Transportation committee Vote

S2978

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S2978 (ACTIVE) - Details

See Assembly Version of this Bill:: A7130
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1174, V & T L; amd §§120.04-a & 125.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7388
2011-2012: S515
2013-2014: S1064, A8600
2017-2018: S1023, A1207
2019-2020: A3933
2021-2022: A1292
2023-2024: A2774

S2978 (ACTIVE) - Summary

Increases fines and penalties for passing a stopped school bus.

S2978 (ACTIVE) - Sponsor Memo

BILL NUMBER:S2978

TITLE OF BILL:

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

PURPOSE OR GENERAL IDEA OF BILL:

Provides for increased monetary penalties for passing a school bus and
applies criminal penalties to those who injure or kill a person while
doing so.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Subdivision C of Section 1174 of the Vehicle and Traffic Law
is amended as follows:

(i) increases the range of fines for passing a school bus for the
first time from a minimum of $250 and a maximum of $400 to a minimum
of $400 and a maximum of $750.

(ii) increases the range of fines for passing a school bus for the
second time from a minimum of $600 and a maximum of $750 to a minimum
of $950 and a maximum of $1150.

(iii) increases the range of fines for passing a school bus for the
third time within a three year period from a minimum of $750 and a
maximum of $1000 to a minimum of $1150 to a maximum of $1500.

(iv) requires that a person who injures someone while passing a school
bus be charged with aggravated vehicular assault and if a person is
killed in the incident requires a charge of criminally negligent
homicide.

JUSTIFICATION:

The National Highway Transportation Administration reports that each
year, an average of 11 passengers under the age of 19 die in school
bus accidents. Most of the most serious injuries and deaths occur when
children are hit by a school bus or by passing motorists while getting
on or off the bus.

More than 25 children each year die in pedestrian accidents involving
school buses. In fact, three times as many children are killed in
school bus accidents while getting on or off the bus than while riding
it.

Pedestrians account for more than 40 percent of school bus-related
fatalities. Many of these injuries occur when children are boarding or
exiting the school bus, due to the driver's "blind spot," which
extends approximately 10 feet around the bus.

These statistics clearly demonstrate the importance of strengthening
penalties against those who illegally pass a school bus, and
especially for those that injure another person while doing so.


PRIOR LEGISLATIVE HISTORY:

S.7388 of 2009-2010; Referred to Transportation
S.515A/A10755 of 2011-2012; Referred to Transportation
S.1064-A/A8600 of 2013-2014; Referred to Transportation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

S2978 (ACTIVE) - Bill Text download pdf

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

                                  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.

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The New York State Senate

senate Bill S2978

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Archive: Last Bill Status - Passed Senate

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Votes

May 24, 2016 - floor Vote

Floor Vote: May 24, 2016

May 17, 2016 - Finance committee Vote

Finance Committee Vote: May 17, 2016

Apr 12, 2016 - Transportation committee Vote

Transportation Committee Vote: Apr 12, 2016

Jun 3, 2015 - floor Vote

Floor Vote: Jun 3, 2015

May 19, 2015 - Finance committee Vote

Finance Committee Vote: May 19, 2015

Feb 26, 2015 - Transportation committee Vote

Transportation Committee Vote: Feb 26, 2015

Co-Sponsors

S2978 (ACTIVE) - Details

S2978 (ACTIVE) - Summary

S2978 (ACTIVE) - Sponsor Memo

S2978 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2978

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Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 24, 2016 - floor Vote

Floor Vote: May 24, 2016

May 17, 2016 - Finance committee Vote

Finance Committee Vote: May 17, 2016

Apr 12, 2016 - Transportation committee Vote

Transportation Committee Vote: Apr 12, 2016

Jun 3, 2015 - floor Vote

Floor Vote: Jun 3, 2015

May 19, 2015 - Finance committee Vote

Finance Committee Vote: May 19, 2015

Feb 26, 2015 - Transportation committee Vote

Transportation Committee Vote: Feb 26, 2015

Co-Sponsors

S2978 (ACTIVE) - Details

S2978 (ACTIVE) - Summary

S2978 (ACTIVE) - Sponsor Memo

S2978 (ACTIVE) - Bill Text download pdf

Comments