This bill has been amended

Bill S515-2011

Creates stricter fines and criminal penalties for passing a stopped school bus

Increases fines and penalties for passing a stopped school bus.

Details

Actions

  • May 7, 2012: ADVANCED TO THIRD READING
  • May 2, 2012: 2ND REPORT CAL.
  • May 1, 2012: 1ST REPORT CAL.674
  • Jan 4, 2012: REFERRED TO TRANSPORTATION
  • Jan 5, 2011: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - May 1, 2012
Ayes (18): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Adams, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky
Excused (1): Valesky

Memo

BILL NUMBER:S515

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

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 515 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. MAZIARZ, HANNON, JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation 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;
(IV) WHERE AN INDIVIDUAL CONVICTED OF VIOLATING SUBDIVISION (A) OF THIS SECTION AND (1) ALSO CAUSES INJURY TO A PERSON SUCH INDIVIDUAL SHALL BE CHARGED WITH THE CRIME OF AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THE PENAL LAW OR (2) ALSO CAUSES THE DEATH OF A PERSON, SUCH INDIVIDUAL SHALL BE CHARGED WITH THE CRIME OF CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE PENAL LAW. S 2. Subdivision 5 of section 120.04-a of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows: (5) has previously been convicted of violating any provision of this article or article one hundred twenty-five of this title involving the operation of a motor vehicle, or was convicted in any other state or jurisdiction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty-five of this title OR IS CONVICTED OF VIOLATING ANY PROVISION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW; or S 3. This act shall take effect immediately.

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