NY State Senate Bill 2017-S837

Senate Bill S837

2017-2018 Legislative Session

Makes the owner of a vehicle used to pass or overtake a stopped school bus jointly liable with the operator thereof when violation is on camera or observed

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jan 05, 2017	referred to transportation

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2017-S837 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §225-a, amd §§226, 227 & 1174, V & T L; amd §§120.00 & 125.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7726
2011-2012: S4062
2013-2014: S2743
2015-2016: S3015
2019-2020: S1056

2017-S837 (ACTIVE) - Summary

Makes the owner of a vehicle used to pass or overtake a stopped school bus jointly liable with the operator thereof when such violation is captured on a camera or observed by a school bus driver; authorizes the use of photographic evidence in the prosecution of such infraction; includes within the class A misdemeanor of assault in the third degree, the causation of physical injury to another person while passing or overtaking a stopped school bus; includes within the class E felony of criminally negligent homicide, the causation of death to another person while passing or overtaking a stopped school bus.

2017-S837 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S837

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to the
liability of owners of motor vehicles used to overtake or pass a
stopped school bus receiving or discharging passengers and authorizing
the use of photographic evidence in the prosecution of such traffic
infraction; and to amend the penal law, in relation to assault in the
third degree and criminally negligent homicide

 PURPOSE :

This legislation makes the owner of a vehicle used to pass or overtake
a stopped school bus jointly liable with the operator thereof when
violation is on camera or observed

 SUMMARY OF PROVISIONS :

Section 1 amends the vehicle and traffic law by adding a new section
225-a to make an owner of a vehicle used to pass or overtake a stopped
school bus jointly liable with the operator thereof when violation is
on camera or observed.

Section 2 amends section heading and subdivision 1 of section 226 of
the vehicle and traffic law, as added by chapter 1074 of the laws of

1969 to permit violation notices to be issued if such passing is
recorded on camera or observed by school bus operator.

Section 3 amends subdivision 3 and paragraph a of subdivision 4 of
section 227 of the Vehicle and Traffic Law to account for instances if
the vehicle was driven without the authorization of the owner.

Section 4 amends section 1174 by adding a new subdivision b-1 allows
for prosecution based on photographic evidence or observation of
school bus operator.

Sections 5 and 6 amend the penal law to add passing of school bus to
the categories for which harsher penalties are given in case of
causing injury or death of another person.

Section 7 sets forth the effective date.

 JUSTIFICATION :

In our state, current estimates indicate that motorists illegally pass
a stopped school bus more than 50,000 times per day. (Safeny.ny.gov).
This alarming statistic places our children at risk of injury or even
death. Illegally passing motorists have been responsible for killing
two of New York's children in the past four years and several more
children have been injured.

This legislation facilitates the apprehending and conviction of those
who illegally pass school buses and ensures proper prosecution when a
child is injured or killed by an illegally passing motorist. In 2002,
the Kansas State Department of Education released a 32-year national
study on school bus loading and unloading zones and found that 1,102
students were killed by another vehicle while boarding or during
egression.

Many school districts have already been installing cameras on their
buses to protect our children and to stop this illegal passing. For
example, the Canandaigua City School District has been selected to
participate in a statewide pilot project related to school bus safety
and the dangerously high incidence of illegally passing school buses.
New York Association for Pupil Transportation has partnered with the
Governor's Traffic Safety Committee to install an "ELSAG" digital
mobile license plate reader on a Canandaigua City School District
school bus. The camera is part of a pilot project funded by DMV and
the Governor's Traffic Safety Committee with funding from the National
Highway Traffic Safety Administration. The reader is similar to those
used by many law enforcement agencies. It is designed to assist in the
identification and apprehension of individuals who pass stopped school
buses. Such passing of stopped school buses is a crime and poses
serious dangers to our children. A previous pilot of this equipment
demonstrated that motorists were passing the school bus on an average
of 1.6 times per day.

One child's death is always one too many, yet staggering numbers
demonstrate how many close calls occur each day.

A one-day Virginia study conducted in 1996 of 119 school districts
found that 3,394 motorists illegally passed a stopped school bus. For
a 180-day school year, that would equate to over 600,000 violations.
Even more alarming was that 187 of these violations were on the
right-side of the bus where students egress.

The same year, the Illinois Department of Transportation's Division of
Traffic Safety surveyed 250 school bus drivers over a 41-day period.
135 drivers responded with 3,450 violations. This is estimated to be
over 1.9 million violations in one year.

A 1997 survey conducted by the National Survey of Speeding and Other
Unsafe Driving Actions, commissioned by NHTSA, actually found that 99
percent of drivers interviewed said the most dangerous unsafe driving
behavior was passing a school bus with its lights flashing and stop
arm extended, more so than speeding, racing, ignoring stop signs/red
lights, crossing railroad tracks with red lights blinking, or passing
in a no-passing zone.

People lose children for many reasons, unfortunately, but tragedies
resulting from illegal passing of school busses can be avoided.

 LEGISLATIVE HISTORY :

2016: S.3015 Referred to Transportation
2015: S.3015 Committed to Rules
2013,2014: S.2743 Referred to Transportation
2011,2012: S.4062 Referred to Transportation
2009,2010: S.7226 Reported to Codes

 FISCAL IMPLICATIONS :

N/A

 EFFECTIVE DATE :
Effective date shall be the first of November next succeeding the date
on which it shall have become a law.

2017-S837 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    837
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens.  YOUNG, FUNKE, GALLIVAN, LATIMER -- 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, in relation to the liabil-
   ity of owners of motor vehicles used to overtake  or  pass  a  stopped
   school bus receiving or discharging passengers and authorizing the use
   of  photographic  evidence  in the prosecution of such traffic infrac-
   tion; and to amend the penal law, in relation to assault in the  third
   degree and criminally negligent homicide
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 225-a to read as follows:
   § 225-A. OWNERSHIP AND OPERATION OF VEHICLES; LIABILITY FOR PASSING OR
 OVERTAKING  STOPPED  SCHOOL BUS. 1.   DEFINITIONS. WHENEVER USED IN THIS
 ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "OWNER" MEANS ANY PERSON, CORPORATION, PARTNERSHIP,  FIRM,  AGENCY,
 ASSOCIATION, LESSOR OR ORGANIZATION WHO AT THE TIME OF THE ISSUANCE OF A
 NOTICE OF VIOLATION:
   (1) IS THE BENEFICIAL OR EQUITABLE OWNER OF A VEHICLE; OR
   (2) HAS TITLE TO A VEHICLE; OR
   (3)  IS  THE  REGISTRANT OR CO-REGISTRANT OF A VEHICLE WHICH IS REGIS-
 TERED WITH THE DEPARTMENT OR THE DEPARTMENT OF  MOTOR  VEHICLES  OF  ANY
 OTHER  STATE,  TERRITORY,  DISTRICT, PROVINCE, NATION OR OTHER JURISDIC-
 TION; OR
   (4) USES A VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS; OR
   (5) IS AN OWNER OF A VEHICLE AS DEFINED BY SECTION ONE  HUNDRED  TWEN-
 TY-EIGHT OF THIS CHAPTER.
   B.  "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
 ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR  LEAS-
 ING  VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05891-01-7

 S. 837                              2
 
 OTHERWISE, WHEREIN THE SAID LESSEE OR BAILEE HAS THE  EXCLUSIVE  USE  OF
 SAID VEHICLE FOR ANY PERIOD OF TIME.
   C.  "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
 ASSOCIATION OR ORGANIZATION THAT RENTS, BAILS, LEASES OR  CONTRACTS  FOR
 THE  USE  OF  ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE USE THEREOF FOR
 ANY PERIOD OF TIME.
   D. "VEHICLE" MEANS A VEHICLE AS DEFINED IN SECTION ONE HUNDRED  FIFTY-
 NINE OF THIS CHAPTER.
   E.  "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGEN-
 CY, ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A  VEHICLE
 WITH  OR  WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER WHO OPERATES
 HIS OR HER OWN VEHICLE.
   F. "NOTICE OF VIOLATION" MEANS A NOTICE OF  VIOLATION  AS  DEFINED  IN
 PARAGRAPH  (B)  OF  SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-SIX OF
 THIS ARTICLE.
   G. "FISCAL YEAR" MEANS A PERIOD OF ONE YEAR COMMENCING  ON  THE  FIRST
 DAY OF JULY AND TERMINATING ON THE THIRTIETH DAY OF JUNE.
   H.  "PRIMARY  FILING"  MEANS  THE INITIAL FILING OF REGISTRATION PLATE
 NUMBERS BY A LESSOR PRIOR TO THE COMMENCEMENT OF EACH FISCAL YEAR.
   2. LIABILITY. A. THE OPERATOR OF A VEHICLE SHALL  BE  LIABLE  FOR  THE
 FINES OR PENALTIES IMPOSED PURSUANT TO THIS ARTICLE. EXCEPT AS OTHERWISE
 PROVIDED  IN  PARAGRAPHS  B  AND E OF THIS SUBDIVISION, THE OWNER OF THE
 VEHICLE, EVEN  IF  NOT  THE  OPERATOR  THEREOF,  SHALL  BE  JOINTLY  AND
 SEVERALLY LIABLE WITH THE OPERATOR THEREOF FOR ANY VIOLATION OF SUBDIVI-
 SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER, IF SUCH
 VEHICLE  WAS  USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS
 OR IMPLIED, BUT IN SUCH CASE THE OWNER MAY RECOVER ANY FINE OR PENALTIES
 PAID BY HIM OR HER FROM THE OPERATOR.
   B. THE LESSOR OF A MOTOR VEHICLE SHALL NOT  BE  LIABLE  FOR  FINES  OR
 PENALTIES IMPOSED PURSUANT TO THIS ARTICLE FOR ANY VIOLATION OF SUBDIVI-
 SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER IF:
   (1)  PRIOR  TO THE INFRACTION, THE LESSOR HAS FILED WITH THE OFFICE OF
 THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF  VIOLATION  THE  REGISTRATION
 PLATE  NUMBER,  PLATE  TYPE, AND PLACE OF REGISTRATION OF THE VEHICLE TO
 WHICH THE NOTICE OF VIOLATION WAS ISSUED AND PAID  THE  REQUIRED  FILING
 FEE PROVIDED IN PARAGRAPH F OF THIS SUBDIVISION AND,
   (2) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE OFFICE OF
 THE  DEPARTMENT  SPECIFIED  IN  SUCH NOTICE OF VIOLATION OF THE DATE AND
 TIME OF A VIOLATION, TOGETHER WITH THE OTHER  INFORMATION  CONTAINED  IN
 THE  ORIGINAL  NOTICE  OF VIOLATION, THE LESSOR SUBMITS TO THE OFFICE OF
 THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION  THE  CORRECT  NAME
 AND  ADDRESS  OF  THE  LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF
 VIOLATION AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER  ADDI-
 TIONAL  INFORMATION  CONTAINED  IN  THE  RENTAL, LEASE OR OTHER CONTRACT
 DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE OFFICE OF THE  DEPARTMENT
 SPECIFIED  IN  SUCH NOTICE OF VIOLATION PURSUANT TO REGULATIONS THAT MAY
 BE PROMULGATED FOR SUCH PURPOSE.
   C. IF THE LESSOR HAS COMPLIED WITH SUBPARAGRAPH ONE OF PARAGRAPH B  OF
 THIS  SUBDIVISION  SUCH  LESSOR SHALL NOT BE LIABLE FOR ANY PENALTIES IN
 EXCESS OF THE SCHEDULED FINE UNLESS SUCH LESSOR FAILS TO  APPEAR  WITHIN
 THIRTY-SEVEN DAYS OF ACTUAL RECEIPT OF A NOTICE OF VIOLATION PURSUANT TO
 PARAGRAPH E OF THIS SUBDIVISION.
   D. IF THE LESSOR WHO HAS COMPLIED WITH SUBPARAGRAPH ONE OF PARAGRAPH B
 OF  THIS SUBDIVISION HAS PAID ANY FINE OR PENALTY FOR WHICH HE OR SHE IS
 LIABLE AND THE OFFICE OF THE DEPARTMENT  SPECIFIED  IN  SUCH  NOTICE  OF
 VIOLATION  SUBSEQUENTLY  COLLECTS FROM THE OPERATOR OR LESSEE THE AMOUNT

 S. 837                              3
 
 OF THE SCHEDULED FINE AND PENALTY OWED BY SUCH PERSON,  OR  ANY  PORTION
 THEREOF,  THE  LESSOR SHALL BE ENTITLED TO REIMBURSEMENT FROM THE OFFICE
 OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION OF THE AMOUNT OF
 THE  FINE  AND  PENALTY PAID BY THE LESSOR, LESS THE COSTS OF COLLECTION
 INCURRED BY SUCH OFFICE OF THE DEPARTMENT.
   E. THE LESSOR SHALL NOT BE  LIABLE  FOR  ANY  FINES  OR  PENALTIES  IN
 CONNECTION  WITH  A NOTICE OF VIOLATION FOR A VEHICLE WHOSE REGISTRATION
 PLATE NUMBER IS FILED AND THE FEE THEREFOR PAID PRIOR TO THE TIME OF THE
 ISSUANCE OF NOTICE OF VIOLATION, UNLESS THE LESSOR SHALL RECEIVE  NOTICE
 FROM  THE OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION
 OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMA-
 TION CONTAINED IN THE ORIGINAL NOTICE OF VIOLATION, WITHIN  NINETY  DAYS
 AFTER SERVICE OF THE NOTICE OF VIOLATION, IN ACCORDANCE WITH SUBDIVISION
 ONE OF SECTION TWO HUNDRED TWENTY-SIX OF THIS ARTICLE.
   F.  THE  ANNUAL  FEE  FOR  FILING A REGISTRATION PLATE NUMBER WITH THE
 DEPARTMENT BY LESSORS UNDER THIS SECTION SHALL  BE  TWELVE  DOLLARS  PER
 FISCAL  YEAR.  LESSORS  SHALL  ALSO PROVIDE THE OFFICE OF THE DEPARTMENT
 SPECIFIED IN SUCH NOTICE OF VIOLATION WITH SUCH OTHER ADDITIONAL  INFOR-
 MATION  IN  SUCH FORMAT AS THE COMMISSIONER BY REGULATION MAY REASONABLY
 REQUIRE. THE REGISTRATION PLATE NUMBER SHALL  NOT  BE  CONSIDERED  FILED
 WITH  THE OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION
 UNLESS THE ANNUAL FILING FEE PROVIDED FOR IN THIS SUBDIVISION SHALL HAVE
 BEEN PAID. LESSORS SHALL NOT BE ENTITLED TO A REFUND, REDUCTION,  CREDIT
 OR  OTHER CONSIDERATION IN CONNECTION WITH SUCH ANNUAL FILING FEE IN THE
 EVENT THAT SUCH REGISTRATION PLATE NUMBER  IS  WITHDRAWN  FROM  SERVICE,
 DESTROYED OR SURRENDERED DURING THE FISCAL YEAR FOR WHICH SUCH REGISTRA-
 TION  PLATE  NUMBER  SHALL  HAVE  BEEN FILED. IN THE EVENT THAT A LESSOR
 FILES WITH THE OFFICE OF THE DEPARTMENT  SPECIFIED  IN  SUCH  NOTICE  OF
 VIOLATION  REGISTRATION PLATE NUMBERS DURING THE FISCAL YEAR, THE ANNUAL
 FILING FEE FOR SAME SHALL BE PRORATED ON A MONTHLY BASIS, IN  ACCORDANCE
 WITH A SCHEDULE THAT THE COMMISSIONER SHALL PROMULGATE BY REGULATION FOR
 SUCH  PURPOSE.  THE  PRIMARY  FILING BY EACH LESSOR FOR EACH FISCAL YEAR
 SHALL BE  MADE AT LEAST THIRTY DAYS PRIOR TO  THE  COMMENCEMENT  OF  THE
 FISCAL YEAR.
   G.  WHERE THE UNITED STATES POSTAL AUTHORITIES RETURN TO THE OFFICE OF
 THE DEPARTMENT SPECIFIED IN  SUCH  NOTICE  OF  VIOLATION  A  DELINQUENCY
 NOTICE  FORWARDED  BY  THE  OFFICE  OF  THE DEPARTMENT SPECIFIED IN SUCH
 NOTICE OF VIOLATION TO A NAME AND ADDRESS OF A  LESSEE  FURNISHED  BY  A
 LESSOR IN ACCORDANCE WITH PROVISIONS OF THIS SECTION, SUCH RETURN NOTICE
 SHALL BE PRESUMPTIVE EVIDENCE OF THE FURNISHING OF AN INCORRECT NAME AND
 ADDRESS  BY THE LESSOR. THE LESSOR MAY, HOWEVER, CONCLUSIVELY REBUT SUCH
 PRESUMPTION IF WITHIN SIXTY DAYS AFTER RECEIVING NOTIFICATION  FROM  THE
 OFFICE  OF  THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION OF SUCH
 RETURNED MAIL NOTICE, THE LESSOR SHALL PROVIDE  TO  THE  OFFICE  OF  THE
 DEPARTMENT  SPECIFIED  IN  SUCH NOTICE OF VIOLATION A COPY OF THE RENTAL
 AGREEMENT OR LEASE AGREEMENT FOR SUCH LESSEE  CONTAINING  THE  NAME  AND
 ADDRESS  PREVIOUSLY  FURNISHED TO THE OFFICE OF THE DEPARTMENT SPECIFIED
 IN SUCH NOTICE OF VIOLATION. IN THE EVENT THAT A LESSOR  SHALL  FAIL  TO
 REBUT  THE PRESUMPTION ESTABLISHED BY THIS SUBDIVISION, THE LESSOR SHALL
 BE LIABLE FOR THE FINES IMPOSED PURSUANT TO THIS ARTICLE AND IN  ACCORD-
 ANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
   H.  THE  COMMISSIONER  SHALL  BY  RULES  AND REGULATIONS PRESCRIBE THE
 MANNER AND METHOD OF GIVING NOTICE  OF  OUTSTANDING  VIOLATIONS  TO  THE
 LESSEES.  ALL  NOTICES  TO  LESSORS UNDER THIS SECTION SHALL BE BY FIRST
 CLASS MAIL TO THE ADDRESS ON FILE WITH  THE  OFFICE  OF  THE  DEPARTMENT

 S. 837                              4
 
 SPECIFIED IN SUCH NOTICE OF VIOLATION OR BY SUCH OTHER MEANS AS SHALL BE
 PROVIDED FOR IN THE RULES AND REGULATIONS OF THE COMMISSIONER.
   I.  A LESSOR SHALL COOPERATE BY PROVIDING THE OFFICE OF THE DEPARTMENT
 SPECIFIED IN SUCH NOTICE OF VIOLATION, OR ITS  DESIGNATED  AGENTS,  WITH
 SUCH OTHER ADDITIONAL INFORMATION AS SHALL BE CONTAINED IN SUCH LESSOR'S
 RENTAL  OR  LEASE AGREEMENTS WITH THEIR LESSEES AS SHALL BE AVAILABLE TO
 THEM.
   3. STOLEN VEHICLES. IF ANY OWNER OF A MOTOR VEHICLE RECEIVES A  NOTICE
 OF VIOLATION AS SUCH OWNER FOR A PERIOD DURING WHICH THE DESCRIBED VEHI-
 CLE  WAS  REPORTED  TO  ANY  POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT
 SHALL BE A VALID DEFENSE TO ANY CHARGE OF A VIOLATION OF SUBDIVISION (A)
 OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER CHARGED  PURSUANT
 TO  THIS  ARTICLE THAT THE MOTOR VEHICLE HAD BEEN REPORTED TO THE POLICE
 AS STOLEN PRIOR TO THE TIME THE VIOLATION  OCCURRED  AND  HAD  NOT  BEEN
 RECOVERED  BY  SUCH  TIME.  FOR  THE  PURPOSES  OF ASSERTING THE DEFENSE
 PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT  THAT  A  CERTIFIED
 COPY  OF THE POLICE REPORT OF THE STOLEN VEHICLE BE MAILED TO THE OFFICE
 OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION.
   § 2. The section heading and subdivision 1 of section 226 of the vehi-
 cle and traffic law, as added by chapter 1074 of the laws of  1969,  are
 amended to read as follows:
   Summons;  NOTICE  OF VIOLATION; answer. 1.  Summons.  (A) GENERAL. The
 commissioner shall be authorized to prescribe by regulation the form for
 the summons and complaint to be used for all traffic  violations  speci-
 fied  in  subdivision  one  of  section  two hundred twenty-five of this
 [chapter] ARTICLE, and to establish procedures for proper administrative
 controls over the disposition thereof.  Such summons may be the same  as
 the  uniform  summons  provided for in section two hundred seven of this
 [chapter] TITLE.  The chief executive officer of each local police force
 which is required to use the summons and complaint provided  for  herein
 shall prepare or cause to be prepared such records and reports as may be
 prescribed by the commissioner.
   (B)  NOTICE  OF  VIOLATION.  WHENEVER  PHOTOGRAPHIC EVIDENCE OF OR THE
 OPERATOR OF A SCHOOL BUS REPORTS  A  VIOLATION  OF  SUBDIVISION  (A)  OF
 SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR OF THIS CHAPTER, A SUMMONS MAY BE
 SERVED BY MAIL UPON THE OWNER OF THE VEHICLE OBSERVED IN SUCH  VIOLATION
 AS  SET  FORTH  IN THE RECORDS OF THE DEPARTMENT PROVIDED, HOWEVER, THAT
 SUCH SUMMONS IS ACCOMPANIED BY A NOTICE OF VIOLATION REFERRING  TO  SUCH
 SUMMONS,  BOTH  IN  FORM  AS SHALL BE PRESCRIBED BY THE COMMISSIONER FOR
 THIS PURPOSE, SUCH VEHICLE IS IDENTIFIED IN  SUCH  NOTICE  OF  VIOLATION
 BOTH BY ITS REGISTRATION PLATE NUMBER AND A DESCRIPTION THEREOF, INCLUD-
 ING ITS MAKE, MODEL, BODY TYPE AND COLOR, AND SUCH NOTICE IS ACCOMPANIED
 BY  SAID  OFFICER'S CERTIFICATION OF THE EVIDENCE WHICH IS THE BASIS FOR
 SUCH VIOLATION AUTHORIZING THE MAILING THEREOF. WHEN  SUCH  SUMMONS  AND
 NOTICE  OF  VIOLATION  ARE  SO SERVED BY MAIL PURSUANT TO THIS PARAGRAPH
 DUPLICATES OR FACSIMILES THEREOF SHALL BE FILED WITH AND RETAINED BY THE
 OFFICE OF THE DEPARTMENT SPECIFIED ON SUCH NOTICE OF VIOLATION, SHALL BE
 DEEMED RECORDS KEPT IN THE ORDINARY COURSE  OF  BUSINESS  AND  SHALL  BE
 PRIMA  FACIE  EVIDENCE OF THE FACTS CONTAINED THEREIN; IN ADDITION, SUCH
 NOTICE OF VIOLATION AND SUMMONS SERVED BY MAIL AS HEREIN PROVIDED  SHALL
 HAVE  THE  SAME  FORCE  AND  EFFECT  AND  THE RECIPIENT THEREOF SHALL BE
 SUBJECT TO THE SAME PENALTIES FOR DISREGARD THEREOF AS THOUGH  THE  SAME
 WERE  PERSONALLY  SERVED  ON  THE  PERSON CHARGED WITH THE VIOLATION SET
 FORTH THEREIN, EXCEPT AS MAY OTHERWISE BE SET FORTH IN THIS ARTICLE, AND
 SHALL HAVE CLEARLY IMPRINTED THEREON IN EASILY  VISIBLE  BLOCK  LETTERS:
 YOUR FAILURE TO ANSWER THIS SUMMONS MAY RESULT IN THE SUSPENSION OF YOUR

 S. 837                              5
 
 LICENSE  OR DRIVING PRIVILEGE PURSUANT TO § 226 OF THE VEHICLE AND TRAF-
 FIC LAW.
   §  3. Subdivision 3 and paragraph a of subdivision 4 of section 227 of
 the vehicle and traffic law, subdivision 3 as amended by chapter 337  of
 the  laws  of 1970 and renumbered by chapter 288 of the laws of 1989 and
 paragraph a of subdivision 4 as amended by section 7 of part J of  chap-
 ter 62 of the laws of 2003, are amended to read as follows:
   3.  After due consideration of the evidence and arguments offered in a
 contested case, the hearing officer shall determine whether the  charges
 have  been established. IN THE CASE OF AN OWNER CHARGED AS SUCH PURSUANT
 TO THIS ARTICLE, IT SHALL BE A COMPLETE DEFENSE TO SUCH  CHARGE  THAT  A
 VEHICLE  ALLEGED  TO BE IN VIOLATION WAS OPERATED WITHOUT THE PERMISSION
 OF SUCH OWNER OR HIS AGENT AND THE ESTABLISHMENT OF LACK  OF  PERMISSION
 SHALL  RESULT  IN  AN  ORDER  DISMISSING SUCH CHARGE AGAINST SUCH OWNER.
 Where the charges have not been established,  an  order  dismissing  the
 charges  shall  be entered.  Where a determination is made that a charge
 has been established, either in a contested case or  in  an  uncontested
 case  where  there  is  an appearance before a hearing officer, or if an
 answer admitting the charge otherwise has been received, an  appropriate
 order shall be entered in the department's records.
   a.  An order entered upon the failure to answer or appear or after the
 receipt of an answer admitting the charge or where  a  determination  is
 made  that the charge has been established shall be civil in nature, but
 shall be treated as a conviction for the purposes of this  chapter.  The
 commissioner  or his designee may include in such order an imposition of
 any penalty authorized by any provision of this chapter for a conviction
 of such violation, except that no  penalty  [therefore]  THEREFOR  shall
 include  imprisonment,  nor,  if monetary, exceed the amount of the fine
 which could have been imposed had the charge been heard by a court.  The
 driver's  license  or privileges, or, if the charge involves a violation
 of section three hundred eighty-five or section four hundred one of this
 chapter by a registrant who was not the operator  of  the  vehicle,  the
 registration  of  such  vehicle  or  privilege of operation of any motor
 vehicle owned by such registrant may be suspended pending the payment of
 any penalty so imposed; HOWEVER, IN THE CASE OF AN OWNER CHARGED AS SUCH
 PURSUANT TO THIS ARTICLE, HIS OR HER DRIVER'S LICENSE OR PRIVILEGE SHALL
 NOT BE AFFECTED BY SUCH ORDER OR DETERMINATION OTHER THAN AS  SUSPENSION
 THEREOF  FOR  FAILURE TO APPEAR OR PAY AS SET FORTH IN THIS ARTICLE, NOR
 SHALL A CONVICTION HEREUNDER OF SUCH OWNER AS  SUCH  RESULT  IN  DEPART-
 MENTAL  ADMINISTRATIVE SANCTIONS AFFECTING HIS OR HER DRIVING LICENSE OR
 PRIVILEGE. Any suspension issued pursuant to  this  paragraph  shall  be
 subject  to  the  provisions  of  paragraph  (j-1) of subdivision two of
 section five hundred three of this chapter.
   § 4. Section 1174 of the vehicle and traffic law is amended by  adding
 a new subdivision (b-1) to read as follows:
   (B-1)  THE DRIVER AND/OR OWNER OF A VEHICLE CHARGED WITH THE VIOLATION
 OF SUBDIVISION (A) OF THIS SECTION, MAY BE  PROSECUTED  BASED  UPON  THE
 OBSERVATIONS OF THE DRIVER OF A SCHOOL BUS OR PHOTOGRAPHIC EVIDENCE.
   § 5. Section 120.00 of the penal law is amended to read as follows:
 § 120.00 Assault in the third degree.
   A person is guilty of assault in the third degree when:
   1.  With  intent to cause physical injury to another person, he OR SHE
 causes such injury to such person or to a third person; or
   2. He OR SHE recklessly causes physical injury to another person; or

 S. 837                              6
 
   3. With criminal negligence, he  OR  SHE  causes  physical  injury  to
 another person by means of a deadly weapon or a dangerous instrument[.];
 OR
   4.  HE OR SHE CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHILE OPERATING
 A MOTOR VEHICLE IN  VIOLATION  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN
 HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
   Assault in the third degree is a class A misdemeanor.
   § 6. 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  WHILE  OPERATING  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.
   § 7. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S837

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Catharine Young