S374-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S374-2013 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.

S374-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          374
 2013-2014 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00817-01-3
 
       S. 374                              2
 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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