The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2774
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred 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.
   § 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.
                                                            LBD06359-01-3

 A. 2774                             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.
   § 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.