Bill Text: NY A03099 | 2011-2012 | General Assembly | Introduced
Bill Title: Makes the owner of a vehicle used to pass or overtake a stopped school bus jointly liable with the operator thereof when such violation is captured on a camera or observed by a school bus driver; authorizes the use of photographic evidence in the prosecution of such infraction; includes within the class A misdemeanor of assault in the third degree, the causation of physical injury to another person while passing or overtaking a stopped school bus; includes within the class E felony of criminally negligent homicide, the causation of death to another person while passing or overtaking a stopped school bus.
Spectrum: Slight Partisan Bill (Democrat 18-8)
Status: (Introduced - Dead) 2011-01-24 - referred to transportation [A03099 Detail]
Download: New_York-2011-A03099-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3099
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. SPANO, ROSENTHAL, BENEDETTO, COOK, PHEFFER,
ORTIZ, GABRYSZAK, P. RIVERA, GUNTHER, JAFFEE, ZEBROWSKI, STEVENSON --
Multi-Sponsored by -- M. of A. BURLING, CALHOUN, CRESPO, CROUCH,
LUPARDO, MAGEE, McKEVITT, M. MILLER, RABBITT, RAIA, REILLY, SWEENEY,
TEDISCO, WEISENBERG -- read once and referred to the Committee on
Transportation
AN ACT to amend the vehicle and traffic law, in relation to the liabil-
ity of owners of motor vehicles used to overtake or pass a stopped
school bus receiving or discharging passengers and authorizing the use
of photographic evidence in the prosecution of such traffic infrac-
tion; and to amend the penal law, in relation to assault in the third
degree and criminally negligent homicide
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 225-a to read as follows:
3 S 225-A. OWNERSHIP AND OPERATION OF VEHICLES; LIABILITY FOR PASSING OR
4 OVERTAKING STOPPED SCHOOL BUS. 1. DEFINITIONS. WHENEVER USED IN THIS
5 ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
6 A. "OWNER" MEANS ANY PERSON, CORPORATION, PARTNERSHIP, FIRM, AGENCY,
7 ASSOCIATION, LESSOR OR ORGANIZATION WHO AT THE TIME OF THE ISSUANCE OF A
8 NOTICE OF VIOLATION:
9 (1) IS THE BENEFICIAL OR EQUITABLE OWNER OF A VEHICLE; OR
10 (2) HAS TITLE TO A VEHICLE; OR
11 (3) IS THE REGISTRANT OR CO-REGISTRANT OF A VEHICLE WHICH IS REGIS-
12 TERED WITH THE DEPARTMENT OR THE DEPARTMENT OF MOTOR VEHICLES OF ANY
13 OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDIC-
14 TION; OR
15 (4) USES A VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS; OR
16 (5) IS AN OWNER OF A VEHICLE AS DEFINED BY SECTION ONE HUNDRED TWEN-
17 TY-EIGHT OF THIS CHAPTER.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07852-01-1
A. 3099 2
1 B. "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
2 ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEAS-
3 ING VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE OR
4 OTHERWISE, WHEREIN THE SAID LESSEE OR BAILEE HAS THE EXCLUSIVE USE OF
5 SAID VEHICLE FOR ANY PERIOD OF TIME.
6 C. "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
7 ASSOCIATION OR ORGANIZATION THAT RENTS, BAILS, LEASES OR CONTRACTS FOR
8 THE USE OF ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE USE THEREOF FOR
9 ANY PERIOD OF TIME.
10 D. "VEHICLE" MEANS A VEHICLE AS DEFINED IN SECTION ONE HUNDRED FIFTY-
11 NINE OF THIS CHAPTER.
12 E. "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGEN-
13 CY, ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A VEHICLE
14 WITH OR WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER WHO OPERATES
15 HIS OR HER OWN VEHICLE.
16 F. "NOTICE OF VIOLATION" MEANS A NOTICE OF VIOLATION AS DEFINED IN
17 PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-SIX OF
18 THIS ARTICLE.
19 G. "FISCAL YEAR" MEANS A PERIOD OF ONE YEAR COMMENCING ON THE FIRST
20 DAY OF JULY AND TERMINATING ON THE THIRTIETH DAY OF JUNE.
21 H. "PRIMARY FILING" MEANS THE INITIAL FILING OF REGISTRATION PLATE
22 NUMBERS BY A LESSOR PRIOR TO THE COMMENCEMENT OF EACH FISCAL YEAR.
23 2. LIABILITY. A. THE OPERATOR OF A VEHICLE SHALL BE LIABLE FOR THE
24 FINES OR PENALTIES IMPOSED PURSUANT TO THIS ARTICLE. EXCEPT AS OTHERWISE
25 PROVIDED IN PARAGRAPHS B AND E OF THIS SUBDIVISION, THE OWNER OF THE
26 VEHICLE, EVEN IF NOT THE OPERATOR THEREOF, SHALL BE JOINTLY AND
27 SEVERALLY LIABLE WITH THE OPERATOR THEREOF FOR ANY VIOLATION OF SUBDIVI-
28 SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER, IF SUCH
29 VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS
30 OR IMPLIED, BUT IN SUCH CASE THE OWNER MAY RECOVER ANY FINE OR PENALTIES
31 PAID BY HIM OR HER FROM THE OPERATOR.
32 B. THE LESSOR OF A MOTOR VEHICLE SHALL NOT BE LIABLE FOR FINES OR
33 PENALTIES IMPOSED PURSUANT TO THIS ARTICLE FOR ANY VIOLATION OF SUBDIVI-
34 SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER IF:
35 (1) PRIOR TO THE INFRACTION, THE LESSOR HAS FILED WITH THE OFFICE OF
36 THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION THE REGISTRATION
37 PLATE NUMBER, PLATE TYPE, AND PLACE OF REGISTRATION OF THE VEHICLE TO
38 WHICH THE NOTICE OF VIOLATION WAS ISSUED AND PAID THE REQUIRED FILING
39 FEE PROVIDED IN PARAGRAPH F OF THIS SUBDIVISION AND,
40 (2) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE OFFICE OF
41 THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION OF THE DATE AND
42 TIME OF A VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN
43 THE ORIGINAL NOTICE OF VIOLATION, THE LESSOR SUBMITS TO THE OFFICE OF
44 THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION THE CORRECT NAME
45 AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF
46 VIOLATION AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDI-
47 TIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT
48 DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE OFFICE OF THE DEPARTMENT
49 SPECIFIED IN SUCH NOTICE OF VIOLATION PURSUANT TO REGULATIONS THAT MAY
50 BE PROMULGATED FOR SUCH PURPOSE.
51 C. IF THE LESSOR HAS COMPLIED WITH SUBPARAGRAPH ONE OF PARAGRAPH B OF
52 THIS SUBDIVISION SUCH LESSOR SHALL NOT BE LIABLE FOR ANY PENALTIES IN
53 EXCESS OF THE SCHEDULED FINE UNLESS SUCH LESSOR FAILS TO APPEAR WITHIN
54 THIRTY-SEVEN DAYS OF ACTUAL RECEIPT OF A NOTICE OF VIOLATION PURSUANT TO
55 PARAGRAPH E OF THIS SUBDIVISION.
A. 3099 3
1 D. IF THE LESSOR WHO HAS COMPLIED WITH SUBPARAGRAPH ONE OF PARAGRAPH B
2 OF THIS SUBDIVISION HAS PAID ANY FINE OR PENALTY FOR WHICH HE OR SHE IS
3 LIABLE AND THE OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF
4 VIOLATION SUBSEQUENTLY COLLECTS FROM THE OPERATOR OR LESSEE THE AMOUNT
5 OF THE SCHEDULED FINE AND PENALTY OWED BY SUCH PERSON, OR ANY PORTION
6 THEREOF, THE LESSOR SHALL BE ENTITLED TO REIMBURSEMENT FROM THE OFFICE
7 OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION OF THE AMOUNT OF
8 THE FINE AND PENALTY PAID BY THE LESSOR, LESS THE COSTS OF COLLECTION
9 INCURRED BY SUCH OFFICE OF THE DEPARTMENT.
10 E. THE LESSOR SHALL NOT BE LIABLE FOR ANY FINES OR PENALTIES IN
11 CONNECTION WITH A NOTICE OF VIOLATION FOR A VEHICLE WHOSE REGISTRATION
12 PLATE NUMBER IS FILED AND THE FEE THEREFOR PAID PRIOR TO THE TIME OF THE
13 ISSUANCE OF NOTICE OF VIOLATION, UNLESS THE LESSOR SHALL RECEIVE NOTICE
14 FROM THE OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION
15 OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMA-
16 TION CONTAINED IN THE ORIGINAL NOTICE OF VIOLATION, WITHIN NINETY DAYS
17 AFTER SERVICE OF THE NOTICE OF VIOLATION, IN ACCORDANCE WITH SUBDIVISION
18 ONE OF SECTION TWO HUNDRED TWENTY-SIX OF THIS ARTICLE.
19 F. THE ANNUAL FEE FOR FILING A REGISTRATION PLATE NUMBER WITH THE
20 DEPARTMENT BY LESSORS UNDER THIS SECTION SHALL BE TWELVE DOLLARS PER
21 FISCAL YEAR. LESSORS SHALL ALSO PROVIDE THE OFFICE OF THE DEPARTMENT
22 SPECIFIED IN SUCH NOTICE OF VIOLATION WITH SUCH OTHER ADDITIONAL INFOR-
23 MATION IN SUCH FORMAT AS THE COMMISSIONER BY REGULATION MAY REASONABLY
24 REQUIRE. THE REGISTRATION PLATE NUMBER SHALL NOT BE CONSIDERED FILED
25 WITH THE OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION
26 UNLESS THE ANNUAL FILING FEE PROVIDED FOR IN THIS SUBDIVISION SHALL HAVE
27 BEEN PAID. LESSORS SHALL NOT BE ENTITLED TO A REFUND, REDUCTION, CREDIT
28 OR OTHER CONSIDERATION IN CONNECTION WITH SUCH ANNUAL FILING FEE IN THE
29 EVENT THAT SUCH REGISTRATION PLATE NUMBER IS WITHDRAWN FROM SERVICE,
30 DESTROYED OR SURRENDERED DURING THE FISCAL YEAR FOR WHICH SUCH REGISTRA-
31 TION PLATE NUMBER SHALL HAVE BEEN FILED. IN THE EVENT THAT A LESSOR
32 FILES WITH THE OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF
33 VIOLATION REGISTRATION PLATE NUMBERS DURING THE FISCAL YEAR, THE ANNUAL
34 FILING FEE FOR SAME SHALL BE PRORATED ON A MONTHLY BASIS, IN ACCORDANCE
35 WITH A SCHEDULE THAT THE COMMISSIONER SHALL PROMULGATE BY REGULATION FOR
36 SUCH PURPOSE. THE PRIMARY FILING BY EACH LESSOR FOR EACH FISCAL YEAR
37 SHALL BE MADE AT LEAST THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE
38 FISCAL YEAR.
39 G. WHERE THE UNITED STATES POSTAL AUTHORITIES RETURN TO THE OFFICE OF
40 THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION A DELINQUENCY
41 NOTICE FORWARDED BY THE OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH
42 NOTICE OF VIOLATION TO A NAME AND ADDRESS OF A LESSEE FURNISHED BY A
43 LESSOR IN ACCORDANCE WITH PROVISIONS OF THIS SECTION, SUCH RETURN NOTICE
44 SHALL BE PRESUMPTIVE EVIDENCE OF THE FURNISHING OF AN INCORRECT NAME AND
45 ADDRESS BY THE LESSOR. THE LESSOR MAY, HOWEVER, CONCLUSIVELY REBUT SUCH
46 PRESUMPTION IF WITHIN SIXTY DAYS AFTER RECEIVING NOTIFICATION FROM THE
47 OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION OF SUCH
48 RETURNED MAIL NOTICE, THE LESSOR SHALL PROVIDE TO THE OFFICE OF THE
49 DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION A COPY OF THE RENTAL
50 AGREEMENT OR LEASE AGREEMENT FOR SUCH LESSEE CONTAINING THE NAME AND
51 ADDRESS PREVIOUSLY FURNISHED TO THE OFFICE OF THE DEPARTMENT SPECIFIED
52 IN SUCH NOTICE OF VIOLATION. IN THE EVENT THAT A LESSOR SHALL FAIL TO
53 REBUT THE PRESUMPTION ESTABLISHED BY THIS SUBDIVISION, THE LESSOR SHALL
54 BE LIABLE FOR THE FINES IMPOSED PURSUANT TO THIS ARTICLE AND IN ACCORD-
55 ANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
A. 3099 4
1 H. THE COMMISSIONER SHALL BY RULES AND REGULATIONS PRESCRIBE THE
2 MANNER AND METHOD OF GIVING NOTICE OF OUTSTANDING VIOLATIONS TO THE
3 LESSEES. ALL NOTICES TO LESSORS UNDER THIS SECTION SHALL BE BY FIRST
4 CLASS MAIL TO THE ADDRESS ON FILE WITH THE OFFICE OF THE DEPARTMENT
5 SPECIFIED IN SUCH NOTICE OF VIOLATION OR BY SUCH OTHER MEANS AS SHALL BE
6 PROVIDED FOR IN THE RULES AND REGULATIONS OF THE COMMISSIONER.
7 I. A LESSOR SHALL COOPERATE BY PROVIDING THE OFFICE OF THE DEPARTMENT
8 SPECIFIED IN SUCH NOTICE OF VIOLATION, OR ITS DESIGNATED AGENTS, WITH
9 SUCH OTHER ADDITIONAL INFORMATION AS SHALL BE CONTAINED IN SUCH LESSOR'S
10 RENTAL OR LEASE AGREEMENTS WITH THEIR LESSEES AS SHALL BE AVAILABLE TO
11 THEM.
12 3. STOLEN VEHICLES. IF ANY OWNER OF A MOTOR VEHICLE RECEIVES A NOTICE
13 OF VIOLATION AS SUCH OWNER FOR A PERIOD DURING WHICH THE DESCRIBED VEHI-
14 CLE WAS REPORTED TO ANY POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT
15 SHALL BE A VALID DEFENSE TO ANY CHARGE OF A VIOLATION OF SUBDIVISION (A)
16 OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER CHARGED PURSUANT
17 TO THIS ARTICLE THAT THE MOTOR VEHICLE HAD BEEN REPORTED TO THE POLICE
18 AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN
19 RECOVERED BY SUCH TIME. FOR THE PURPOSES OF ASSERTING THE DEFENSE
20 PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT THAT A CERTIFIED
21 COPY OF THE POLICE REPORT OF THE STOLEN VEHICLE BE MAILED TO THE OFFICE
22 OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION.
23 S 2. The section heading and subdivision 1 of section 226 of the vehi-
24 cle and traffic law, as added by chapter 1074 of the laws of 1969, are
25 amended to read as follows:
26 Summons; NOTICE OF VIOLATION; answer. 1. Summons. (A) GENERAL. The
27 commissioner shall be authorized to prescribe by regulation the form for
28 the summons and complaint to be used for all traffic violations speci-
29 fied in subdivision one of section two hundred twenty-five of this chap-
30 ter, and to establish procedures for proper administrative controls over
31 the disposition thereof. Such summons may be the same as the uniform
32 summons provided for in section two hundred seven of this chapter. The
33 chief executive officer of each local police force which is required to
34 use the summons and complaint provided for herein shall prepare or cause
35 to be prepared such records and reports as may be prescribed by the
36 commissioner.
37 (B) NOTICE OF VIOLATION. WHENEVER PHOTOGRAPHIC EVIDENCE OF OR THE
38 OPERATOR OF A SCHOOL BUS REPORTS A VIOLATION OF SUBDIVISION (A) OF
39 SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER, A SUMMONS MAY BE
40 SERVED BY MAIL UPON THE OWNER OF THE VEHICLE OBSERVED IN SUCH VIOLATION
41 AS SET FORTH IN THE RECORDS OF THE DEPARTMENT PROVIDED, HOWEVER, THAT
42 SUCH SUMMONS IS ACCOMPANIED BY A NOTICE OF VIOLATION REFERRING TO SUCH
43 SUMMONS, BOTH IN FORM AS SHALL BE PRESCRIBED BY THE COMMISSIONER FOR
44 THIS PURPOSE, SUCH VEHICLE IS IDENTIFIED IN SUCH NOTICE OF VIOLATION
45 BOTH BY ITS REGISTRATION PLATE NUMBER AND A DESCRIPTION THEREOF, INCLUD-
46 ING ITS MAKE, MODEL, BODY TYPE AND COLOR, AND SUCH NOTICE IS ACCOMPANIED
47 BY SAID OFFICER'S CERTIFICATION OF THE EVIDENCE WHICH IS THE BASIS FOR
48 SUCH VIOLATION AUTHORIZING THE MAILING THEREOF. WHEN SUCH SUMMONS AND
49 NOTICE OF VIOLATION ARE SO SERVED BY MAIL PURSUANT TO THIS PARAGRAPH
50 DUPLICATES OR FACSIMILES THEREOF SHALL BE FILED WITH AND RETAINED BY THE
51 OFFICE OF THE DEPARTMENT SPECIFIED ON SUCH NOTICE OF VIOLATION, SHALL BE
52 DEEMED RECORDS KEPT IN THE ORDINARY COURSE OF BUSINESS AND SHALL BE
53 PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN; IN ADDITION, SUCH
54 NOTICE OF VIOLATION AND SUMMONS SERVED BY MAIL AS HEREIN PROVIDED SHALL
55 HAVE THE SAME FORCE AND EFFECT AND THE RECIPIENT THEREOF SHALL BE
56 SUBJECT TO THE SAME PENALTIES FOR DISREGARD THEREOF AS THOUGH THE SAME
A. 3099 5
1 WERE PERSONALLY SERVED ON THE PERSON CHARGED WITH THE VIOLATION SET
2 FORTH THEREIN, EXCEPT AS MAY OTHERWISE BE SET FORTH IN THIS ARTICLE, AND
3 SHALL HAVE CLEARLY IMPRINTED THEREON IN EASILY VISIBLE BLOCK LETTERS:
4 YOUR FAILURE TO ANSWER THIS SUMMONS MAY RESULT IN THE SUSPENSION OF YOUR
5 LICENSE OR DRIVING PRIVILEGE PURSUANT TO S 226 OF THE VEHICLE AND TRAF-
6 FIC LAW.
7 S 3. Subdivision 3 and paragraph a of subdivision 4 of section 227 of
8 the vehicle and traffic law, subdivision 3 as amended by chapter 337 of
9 the laws of 1970 and renumbered by chapter 288 of the laws of 1989 and
10 paragraph a of subdivision 4 as amended by section 7 of part J of chap-
11 ter 62 of the laws of 2003, are amended to read as follows:
12 3. After due consideration of the evidence and arguments offered in a
13 contested case, the hearing officer shall determine whether the charges
14 have been established. IN THE CASE OF AN OWNER CHARGED AS SUCH PURSUANT
15 TO THIS ARTICLE, IT SHALL BE A COMPLETE DEFENSE TO SUCH CHARGE THAT A
16 VEHICLE ALLEGED TO BE IN VIOLATION WAS OPERATED WITHOUT THE PERMISSION
17 OF SUCH OWNER OR HIS AGENT AND THE ESTABLISHMENT OF LACK OF PERMISSION
18 SHALL RESULT IN AN ORDER DISMISSING SUCH CHARGE AGAINST SUCH OWNER.
19 Where the charges have not been established, an order dismissing the
20 charges shall be entered. Where a determination is made that a charge
21 has been established, either in a contested case or in an uncontested
22 case where there is an appearance before a hearing officer, or if an
23 answer admitting the charge otherwise has been received, an appropriate
24 order shall be entered in the department's records.
25 a. An order entered upon the failure to answer or appear or after the
26 receipt of an answer admitting the charge or where a determination is
27 made that the charge has been established shall be civil in nature, but
28 shall be treated as a conviction for the purposes of this chapter. The
29 commissioner or his designee may include in such order an imposition of
30 any penalty authorized by any provision of this chapter for a conviction
31 of such violation, except that no penalty [therefore] THEREFOR shall
32 include imprisonment, nor, if monetary, exceed the amount of the fine
33 which could have been imposed had the charge been heard by a court. The
34 driver's license or privileges, or, if the charge involves a violation
35 of section three hundred eighty-five or section four hundred one of this
36 chapter by a registrant who was not the operator of the vehicle, the
37 registration of such vehicle or privilege of operation of any motor
38 vehicle owned by such registrant may be suspended pending the payment of
39 any penalty so imposed; HOWEVER, IN THE CASE OF AN OWNER CHARGED AS SUCH
40 PURSUANT TO THIS ARTICLE, HIS OR HER DRIVER'S LICENSE OR PRIVILEGE SHALL
41 NOT BE AFFECTED BY SUCH ORDER OR DETERMINATION OTHER THAN AS SUSPENSION
42 THEREOF FOR FAILURE TO APPEAR OR PAY AS SET FORTH IN THIS ARTICLE, NOR
43 SHALL A CONVICTION HEREUNDER OF SUCH OWNER AS SUCH RESULT IN DEPART-
44 MENTAL ADMINISTRATIVE SANCTIONS AFFECTING HIS OR HER DRIVING LICENSE OR
45 PRIVILEGE. Any suspension issued pursuant to this paragraph shall be
46 subject to the provisions of paragraph (j-1) of subdivision two of
47 section five hundred three of this chapter.
48 S 4. Section 1174 of the vehicle and traffic law is amended by adding
49 a new subdivision (b-1) to read as follows:
50 (B-1) THE DRIVER AND/OR OWNER OF A VEHICLE CHARGED WITH THE VIOLATION
51 OF SUBDIVISION (A) OF THIS SECTION, MAY BE PROSECUTED BASED UPON THE
52 OBSERVATIONS OF THE DRIVER OF A SCHOOL BUS OR PHOTOGRAPHIC EVIDENCE.
53 S 5. Section 120.00 of the penal law is amended to read as follows:
54 S 120.00 Assault in the third degree.
55 A person is guilty of assault in the third degree when:
A. 3099 6
1 1. With intent to cause physical injury to another person, he OR SHE
2 causes such injury to such person or to a third person; or
3 2. He OR SHE recklessly causes physical injury to another person; or
4 3. With criminal negligence, he OR SHE causes physical injury to
5 another person by means of a deadly weapon or a dangerous instrument[.];
6 OR
7 4. HE OR SHE CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHILE OPERATING
8 A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN
9 HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
10 Assault in the third degree is a class A misdemeanor.
11 S 6. Section 125.10 of the penal law is amended to read as follows:
12 S 125.10 Criminally negligent homicide.
13 A person is guilty of criminally negligent homicide when[, with]:
14 1. WITH criminal negligence, he OR SHE causes the death of another
15 person[.]; OR
16 2. HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON WHILE OPERATING A
17 MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
18 SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
19 Criminally negligent homicide is a class E felony.
20 S 7. This act shall take effect on the first of September next
21 succeeding the date on which it shall have become a law.
