The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4692
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  criminaliz-
   ing  the  operation  of  a school bus by a person having any amount of
   alcohol in his or her blood and providing sanctions for violations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1192 of the vehicle and traffic law is amended by
 adding a new subdivision 6-a to read as follows:
   6-A. SCHOOL BUSES: PER SE. NOTWITHSTANDING THE PROVISIONS  OF  SECTION
 ELEVEN  HUNDRED  NINETY-FIVE  OF THIS ARTICLE, NO PERSON SHALL OPERATE A
 SCHOOL BUS WHILE SUCH PERSON HAS ANY AMOUNT OF ALCOHOL IN  THE  PERSON'S
 BLOOD  AS  SHOWN  BY  CHEMICAL  ANALYSIS OF SUCH PERSON'S BLOOD, BREATH,
 URINE OR SALIVA, MADE PURSUANT  TO  THE  PROVISIONS  OF  SECTION  ELEVEN
 HUNDRED NINETY-FOUR OF THIS ARTICLE.
   §  2.  Subparagraph 4-a of paragraph (d) of subdivision 1 and subpara-
 graph 4-a of paragraph (b) of subdivision 2 of section 1193 of the vehi-
 cle and traffic law, subparagraph 4-a of paragraph (d) of subdivision  1
 as  amended  by  chapter 732 of the laws of 2006 and subparagraph 4-a of
 paragraph (b) of subdivision 2 as added by chapter 26  of  the  laws  of
 1996, are amended to read as follows:
   (4-a) A violation of subdivision [two, three, four or four-a] SIX-A of
 section  eleven  hundred ninety-two of this article wherein the violator
 is operating a school bus as defined in section one hundred forty-two of
 this chapter and such school  bus  is  carrying  at  least  one  student
 passenger  shall  be  a  class E felony punishable by a fine of not less
 than one thousand dollars nor more than five thousand dollars, or  by  a
 period  of  imprisonment  as  provided in the penal law, or by both such
 fine and imprisonment. [A violation  of  subdivision  two-a  of  section
 eleven  hundred ninety-two of this article wherein the violator is oper-
 ating a school bus as defined in section one hundred forty-two  of  this

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09463-01-3

 A. 4692                             2

 chapter  and  such school bus is carrying at least one student passenger
 shall be a class D felony punishable by a fine  of  not  less  than  two
 thousand  dollars  nor more than ten thousand dollars, or by a period of
 imprisonment  as  provided  in  the  penal law, or by both such fine and
 imprisonment.]
   (4-a) School buses. (A) [One year, where the holder is convicted of  a
 violation  of  any  subdivision  of section eleven hundred ninety-two of
 this article, such violation was committed while the holder was  driving
 a  school bus, and the holder is sentenced pursuant to subparagraph one,
 one-a or four-a of paragraph (d) of subdivision one of this section.
   (B)] Three years where the holder is convicted of a violation  of  any
 subdivision  of  section eleven hundred ninety-two of this article, such
 violation was committed while the holder was driving a school  bus,  and
 the  holder  is sentenced pursuant to subparagraph four of paragraph (d)
 of subdivision one of this section.
   [(C)] (B) Notwithstanding the provisions of the opening  paragraph  of
 this paragraph [(b)], the commissioner shall not revoke the registration
 of a school bus driven in violation of section eleven hundred ninety-two
 of this article.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.