Increases fines and penalties for passing a stopped school bus.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): O'Mara, Parker
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
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1064 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. MAZIARZ, DeFRANCISCO, FUSCHILLO, LARKIN -- 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 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. LBD02093-01-3 S. 1064 2
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: (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 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. S 4. This act shall take effect immediately.