Bill S374-2013

Increases penalties for violation of overtaking and passing a school bus and creates the crime of vehicular homicide in the third degree

Increases penalties for violation of overtaking and passing a school bus; allows permissive suspension of a driver's license for up to six months for such violation, and creates the crime of vehicular homicide in the third degree.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S374

TITLE OF BILL: An act to amend the vehicle and traffic law and the penal law, in relation to increasing penalties for violation of overtaking and passing a school bus and creating the crime of vehicular homicide in the third degree

PURPOSE OR GENERAL IDEA OF BILL: To increase various penalties for individuals who pass a stopped school bus.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 increases the minimum punishment for passing a school bus 3 times within 3 years. Specifically the bill raises the maximum fine to $2,000 and the maximum length of imprisonment to one year.

Section 2 allows a judge to revoke an individual's license for a period of up to sixty days when such individual passes a stopped school bus.

Section 3 deems it Vehicular manslaughter in the third degree (E Felony) when an individual passes a stopped school bus and causes the death of a child who is fifteen years of age or less.

Section 4 is the effective date.

JUSTIFICATION: Individuals who pass a stopped school bus pose a serious threat to our school aged children. School buses are equipped with numerous devices making it clear that children are either embarking or disembarking. Increasing certain penalties as it pertains to passing a stopped school bus brings greater attention to the seriousness of these infractions.

PRIOR LEGISLATIVE HISTORY: 2010: S.6818 - Died in Codes/A.250 2011: A.250 - Referred to Transportation 2012: S.6937 - Referred to Transportation/A.250Referred to T Transportation

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect November 1 next succeeding date which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 374 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. KENNEDY -- 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 penalties for violation of overtaking and pass- ing a school bus and creating the crime of vehicular homicide in the third degree 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: for a first conviction thereof, be punished by a fine of not less than two hundred fifty dollars nor more than four hundred dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment; 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 nor more than seven hundred fifty dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were commit- ted within a period of three years, such person shall be punished by a fine of not less than seven hundred fifty dollars nor more than [one] TWO thousand dollars or by imprisonment for not more than [one hundred eighty days] ONE YEAR or by both such fine and imprisonment. S 2. Paragraph k of subdivision 3 of section 510 of the vehicle and traffic law, as amended by chapter 124 of the laws of 1992, is amended and a new paragraph l is added to read as follows: k. for a period of up to ninety days because of the conviction of the holder of the offenses of menacing as defined in section 120.15 of the
penal law, where such offense was committed against a traffic enforce- ment agent employed by the city of New York or the city of Buffalo while such agent was enforcing or attempting to enforce the traffic regu- lations of such city[.]; L. FOR A PERIOD OF UP TO SIXTY DAYS FOR A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER. S 3. The penal law is amended by adding a new section 125.11-A to read as follows: S 125.11-A VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE. A PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE WHEN HE OR SHE VIOLATES SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW AND CAUSES THE DEATH OF A CHILD WHO IS FIFTEEN YEARS OF AGE OR LESS. VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS E FELONY. S 4. 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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