Bill Text: NY A04373 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Establishes crime of vehicular assault in the third degree where person, with criminal negligence, causes physical injury to another person while unlawfully overtaking and passing a stopped school bus; expands other degrees of crime to include unlawfully passing a stopped school bus.

Spectrum: Partisan Bill (Republican 24-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A04373 Detail]

Download: New_York-2015-A04373-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4373
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 30, 2015
                                      ___________
       Introduced  by  M.  of  A.  PALMESANO  -- Multi-Sponsored by -- M. of A.
         BARCLAY, BLANKENBUSH,  CERETTO,  CROUCH,  FINCH,  GARBARINO,  GOODELL,
         GRAF,  HAWLEY,  McDONOUGH, McKEVITT, McLAUGHLIN, RAIA, SALADINO, STEC,
         TENNEY -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to  the  crime  of  vehicular
         assault in the third degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a new  section  120.02-a
    2  to read as follows:
    3  S 120.02-A VEHICULAR ASSAULT IN THE THIRD DEGREE.
    4    A PERSON IS GUILTY OF VEHICULAR ASSAULT IN THE THIRD DEGREE WHEN, WITH
    5  CRIMINAL NEGLIGENCE AND AS A RESULT OF SUCH NEGLIGENCE, HE OR SHE CAUSES
    6  PHYSICAL  INJURY TO ANOTHER PERSON WHILE UNLAWFULLY OVERTAKING AND PASS-
    7  ING A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR  OF
    8  THE VEHICLE AND TRAFFIC LAW.
    9    VEHICULAR ASSAULT IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   10    S 2. Section 120.03 of the penal law is amended by adding a new subdi-
   11  vision 1-a to read as follows:
   12    (1-A) CAUSES SUCH SERIOUS PHYSICAL INJURY TO ANOTHER PERSON WHEN, WITH
   13  CRIMINAL NEGLIGENCE AND AS A RESULT OF SUCH NEGLIGENCE, HE OR SHE UNLAW-
   14  FULLY  OVERTAKES  AND PASSES A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN
   15  HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW, OR
   16    S 3. Section 125.12 of the penal law is amended by adding a new subdi-
   17  vision 1-a to read as follows:
   18    (1-A) CAUSES THE DEATH OF SUCH PERSON WHEN, WITH  CRIMINAL  NEGLIGENCE
   19  AND  AS  A RESULT OF SUCH NEGLIGENCE, HE OR SHE UNLAWFULLY OVERTAKES AND
   20  PASSES A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY-FOUR
   21  OF THE VEHICLE AND TRAFFIC LAW, OR
   22    S 4. This act shall take effect on the first of November next succeed-
   23  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08130-01-5