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Transportation: Mar 1, 2011

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Active List: Mar 7, 2011 , Floor Calendar: Mar 2, 2011 , Floor Calendar: Mar 3, 2011 , Floor Calendar: Mar 7, 2011

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Memo

BILL NUMBER:S3100

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the disqualification of school bus drivers for certain offenses involving children

PURPOSE OR GENERAL IDEA OF BILL: To prohibit individuals who are convicted of certain offenses involving children from being school bus drivers.

SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Subdivision 4 of section 509-cc of the vehicle and traffic law to include convictions under the following sections of the penal law among those which would result in permanent disqualification from being a school bus driver:

*Section 120.02 - Reckless assault of a child *Section 120.12 - Aggravated assault upon a person less than 11 years old *Section 125.13 - Vehicular manslaughter in the first degree *Section 130.20 - Sexual misconduct *Section 130.25 - Rape in the third degree *Section 130.52 - Forcible touching *Section 130.53 - Persistent sexual abuse *Section 130.55 - Sexual abuse in the third degree *Section 130.60 - Sexual abuse in the second degree *Section 130.65 - Sexual abuse in the first degree *Section 130.66 - Aggravated sexual abuse in the third degree *Section 130.67 - Aggravated sexual abuse in the second degree *Section 130.75 - Course of sexual conduct against a child in the first degree *Section 130.80 - Course of sexual conduct against a child in the second degree *Section 130.85 - Female genital mutilation *Section 130.95 - Predatory sexual assault *Section 130.96 - Predatory sexual assault against a child *Section 235.21 - Disseminating indecent material to minors in the second degree *Section 235.22 - Disseminating indecent material to minors in the first degree *Section 260.20 - Unlawfully dealing with a child in the first degree *Section 260.21 - Unlawfully dealing with a child in the second degree *Section 263.05 - Use of a child in a sexual performance *Section 263.10 - Promoting an obscene sexual performance by a child *Section 263.11 - Possessing an obscene sexual performance by a child *Section 263.15 - Promoting a sexual performance by a child *Section 263.16 - Possessing a sexual performance by a child

Section 2: Effective date.

JUSTIFICATION: Current law includes a number of offenses which permanently disqualify an individual from being a school bus driver, this legislation updates the law by including offenses involving children that were developed after this original law was enacted.

 LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

3100

2011-2012 Regular Sessions

IN SENATE

February 8, 2011
___________

Introduced  by  Sen. BONACIC -- 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 disqual-
  ification of school bus drivers for certain offenses  involving  chil-
  dren

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 4 of section 509-cc of the vehicle and traffic
law, as added by chapter 675 of the  laws  of  1985,  paragraph  (a)  as
amended  by  chapter 93 of the laws of 2006, paragraph (b) as amended by
chapter 360 of the laws of 1986, and paragraph (c) as amended by chapter
405 of the laws of 2010, is amended to read as follows:
  (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
of subdivision one and paragraph (a) of subdivision two of this  section
that  result  in  permanent  disqualification shall include a conviction
under [sections] SECTION 120.02, 120.12, 125.12, 125.13, 125.20, 125.25,
125.26, 125.27, 130.20, 130.25, 130.30, 130.35, 130.45, 130.50,  130.52,
130.53,  130.55, 130.60, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80,
130.85, 130.95, 130.96, 135.25, 150.20, 235.21, 235.22, 260.20,  260.21,
263.05, 263.10, 263.11, 263.15, OR 263.16 of the penal law or an attempt
to  commit  any  of  the  aforesaid offenses under section 110.00 of the
penal law, or any offenses committed under a former section of the penal
law which would constitute violations of the aforesaid sections  of  the
penal  law,  or  any  offenses  committed outside this state which would
constitute violations of the aforesaid sections of the penal law.
  (b) The offenses referred to in subparagraph (ii) of paragraph (a)  of
subdivision  one  and  paragraph  (b) of subdivision two of this section
that result in permanent disqualification  shall  include  a  conviction
under  sections  100.13, 105.15, 105.17, 115.08, 125.10, 125.15, 130.40,
130.60, 130.65, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41,  220.43,
260.00,  263.05, [263.10, 263.15,] 265.04 of the penal law or an attempt

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08375-01-1
S. 3100                             2

to commit any of the aforesaid offenses  under  section  110.00  of  the
penal law, or any offenses committed under a former section of the penal
law  which  would constitute violations of the aforesaid sections of the
penal  law,  or  any  offenses  committed outside this state which would
constitute violations of the aforesaid sections of the penal law.
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
[125.13,] 125.14, 125.40,  125.45,  130.20,  130.25,  [130.55,]  135.10,
135.55,  140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10,
220.06, 220.09, 220.16, 220.31, 220.34, 220.60, 221.30, 221.50,  221.55,
230.00,  230.05, 230.06, 230.20, 230.25, 230.30, 230.32, 235.05, 235.06,
235.07, 235.21, 240.06,  245.00,  260.10,  subdivision  two  of  section
260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
265.12, 265.35 of the penal law or an attempt to commit any of the afor-
esaid offenses under section 110.00 of the penal  law,  or  any  similar
offenses  committed  under  a  former  section  of the penal law, or any
offenses committed under a former section of the penal law  which  would
constitute violations of the aforesaid sections of the penal law, or any
offenses  committed outside this state which would constitute violations
of the aforesaid sections of the penal law.
  S 2. This act shall take effect immediately.