NY State Senate Bill S1023

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
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- Passed Assembly
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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2018	referred to transportation delivered to assembly passed senate
Jan 17, 2018	advanced to third reading
Jan 16, 2018	2nd report cal.
Jan 09, 2018	1st report cal.140
Jan 03, 2018	referred to transportation returned to senate died in assembly
Jun 14, 2017	referred to transportation delivered to assembly passed senate
Jun 05, 2017	advanced to third reading
May 24, 2017	2nd report cal.
May 23, 2017	1st report cal.1257
May 02, 2017	reported and committed to finance
Jan 06, 2017	referred to transportation

Votes

Co-Sponsors

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S1023 (ACTIVE) - Details

See Assembly Version of this Bill:: A1207
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
2015-2016: S2978, A7130
2019-2020: A3933
2021-2022: A1292
2023-2024: A2774

S1023 (ACTIVE) - Summary

Increases fines and penalties for passing a stopped school bus.

S1023 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S1023

 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 :

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 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 Traffic Safety Administration reports that each
year, an average of approximately 11 pedestrians under the age of 18
die in school vehicle related accidents.

Pedestrians account for more than 20 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.

 LEGISLATIVE HISTORY :

S.2978/A7130 of 2015-2016; Passed Senate
S.1064-A8600 of 2013-2014; Referred to Transportation
S.515A/A10755 of 2011-2012; Referred to Transportation
S.7388 of 2009-2010; Referred to Transportation

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

S1023 (ACTIVE) - Bill Text download pdf


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

                                  1023

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 6, 2017
                               ___________

Introduced  by  Sens. FUNKE, AKSHAR, AVELLA, LARKIN, ORTT, YOUNG -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04164-01-7

S. 1023                             2

  §  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:
  (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.
  § 3. Section 125.10 of the penal law is amended to read as follows:
§ 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.
  § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S1023

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Archive: Last Bill Status - Passed Senate

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Votes

Jan 23, 2018 - floor Vote

Floor Vote: Jan 23, 2018

Jan 9, 2018 - Transportation committee Vote

Transportation Committee Vote: Jan 9, 2018

Jun 14, 2017 - floor Vote

Floor Vote: Jun 14, 2017

May 23, 2017 - Finance committee Vote

Finance Committee Vote: May 23, 2017

May 2, 2017 - Transportation committee Vote

Transportation Committee Vote: May 2, 2017

Co-Sponsors

S1023 (ACTIVE) - Details

S1023 (ACTIVE) - Summary

S1023 (ACTIVE) - Sponsor Memo

S1023 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1023

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jan 23, 2018 - floor Vote

Floor Vote: Jan 23, 2018

Jan 9, 2018 - Transportation committee Vote

Transportation Committee Vote: Jan 9, 2018

Jun 14, 2017 - floor Vote

Floor Vote: Jun 14, 2017

May 23, 2017 - Finance committee Vote

Finance Committee Vote: May 23, 2017

May 2, 2017 - Transportation committee Vote

Transportation Committee Vote: May 2, 2017

Co-Sponsors

S1023 (ACTIVE) - Details

S1023 (ACTIVE) - Summary

S1023 (ACTIVE) - Sponsor Memo

S1023 (ACTIVE) - Bill Text download pdf

Comments