Bill Text: NY A08181 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to improving school bus safety by providing for the disqualification of drivers for certain crimes involving children.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A08181 Detail]
Download: New_York-2011-A08181-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8181
2011-2012 Regular Sessions
I N A S S E M B L Y
June 6, 2011
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law and the education law, in
relation to school bus safety
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision (c) of section 1174 of the vehicle and traffic
2 law, as amended by chapter 254 of the laws of 2002, is amended to read
3 as follows:
4 (c) Every person convicted of a violation of subdivision (a) of this
5 section shall: for a first conviction thereof, be punished by a fine of
6 not less than two hundred fifty dollars nor more than four hundred
7 dollars or by imprisonment for not more than thirty days or by both such
8 fine and imprisonment; for a conviction of a second violation, both of
9 which were committed within a period of three years, [such person shall
10 be punished by a fine of not less than six hundred dollars nor more than
11 seven hundred fifty dollars or by imprisonment for not more than one
12 hundred eighty days or by both such fine and imprisonment] SHALL CONSTI-
13 TUTE A CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN FIVE
14 HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS, IN ADDITION TO ANY
15 OTHER PENALTIES PROVIDED BY LAW; upon a conviction of a third or subse-
16 quent violation, all of which were committed within a period of three
17 years, [such person shall be punished by a fine of not less than seven
18 hundred fifty dollars nor more than one thousand dollars or by imprison-
19 ment for not more than one hundred eighty days or by both such fine and
20 imprisonment] SUCH PERSON SHALL BE GUILTY OF A CLASS E FELONY PUNISHABLE
21 BY A FINE OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWO THOUSAND FIVE
22 HUNDRED DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. ANY
23 VIOLATION OF SUBDIVISION (A) OF THIS SECTION THAT RESULTS IN SERIOUS
24 PHYSICAL INJURY OR DEATH SHALL CONSTITUTE A CLASS E FELONY, PUNISHABLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11680-01-1
A. 8181 2
1 BY A FINE OF NOT LESS THAN ONE THOUSAND NOR MORE THAN FIVE THOUSAND
2 DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
3 S 2. Subdivision 4 of section 509-cc of the vehicle and traffic law,
4 as added by chapter 675 of the laws of 1985, paragraph (a) as amended by
5 chapter 93 of the laws of 2006, paragraph (b) as amended by chapter 360
6 of the laws of 1986, and paragraph (c) as amended by chapter 405 of the
7 laws of 2010, is amended to read as follows:
8 (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
9 of subdivision one and paragraph (a) of subdivision two of this section
10 that result in permanent disqualification shall include a conviction
11 under [sections] SECTION 120.02, 120.12, 125.12, 125.20, 125.25, 125.26,
12 125.27, 130.20, 130.25, 130.30, 130.35, 130.45, 130.50, 130.52, 130.53,
13 130.60, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.95,
14 130.96, 135.25, 150.20, 230.20, 230.25, 230.30, 230.32, 230.40, 235.21,
15 235.22, 260.20, 260.21, 263.05, 263.10, 263.11, 263.15, OR 263.16 of the
16 penal law or an attempt to commit any of the aforesaid offenses under
17 section 110.00 of the penal law, or any offenses committed under a
18 former section of the penal law which would constitute violations of the
19 aforesaid sections of the penal law, or any offenses committed outside
20 this state which would constitute violations of the aforesaid sections
21 of the penal law.
22 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of
23 subdivision one and paragraph (b) of subdivision two of this section
24 that result in permanent disqualification shall include a conviction
25 under sections 100.13, 105.15, 105.17, 115.08, 125.10, 125.15, 130.40,
26 [130.60, 130.65,] 135.20, 160.15, 220.18, 220.21, 220.39, 220.41,
27 220.43, 260.00, 263.05, 263.10, 263.15, 265.04 of the penal law or an
28 attempt to commit any of the aforesaid offenses under section 110.00 of
29 the penal law, or any offenses committed under a former section of the
30 penal law which would constitute violations of the aforesaid sections of
31 the penal law, or any offenses committed outside this state which would
32 constitute violations of the aforesaid sections of the penal law.
33 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
34 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
35 of this section that result in disqualification for a period of five
36 years shall include a conviction under sections 100.10, 105.13, 115.05,
37 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.13, 120.14, 120.25,
38 121.12, 121.13, 125.13, 125.14, 125.40, 125.45, 130.20, 130.25, 130.55,
39 135.10, 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05,
40 160.10, 220.06, 220.09, 220.16, 220.31, 220.34, 220.39, 220.41, 220.43,
41 220.44, 220.60, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06, [230.20,
42 230.25, 230.30, 230.32,] 235.05, 235.06, 235.07, [235.21,] 240.06,
43 240.30, 240.31, 245.00, 260.10, [subdivision two of section 260.20] and
44 sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35
45 of the penal law or an attempt to commit any of the aforesaid offenses
46 under section 110.00 of the penal law, or any similar offenses committed
47 under a former section of the penal law, or any offenses committed under
48 a former section of the penal law which would constitute violations of
49 the aforesaid sections of the penal law, or any offenses committed
50 outside this state which would constitute violations of the aforesaid
51 sections of the penal law.
52 S 3. Subdivision 1 of section 2801-a of the education law, as amended
53 by chapter 380 of the laws of 2001, is amended to read as follows:
54 1. The board of education or trustees, as defined in section two of
55 this chapter, of every school district within the state, however
56 created, and every board of cooperative educational services and county
A. 8181 3
1 vocational education and extension board and the chancellor of the city
2 school district of the city of New York shall adopt and amend a compre-
3 hensive district-wide school safety plan and building-level school safe-
4 ty plans regarding crisis intervention, emergency response and manage-
5 ment, provided that in the city school district of the city of New York,
6 such plans shall be adopted by the chancellor of the city school
7 district. Such plans shall be developed by a district-wide school safe-
8 ty team and a building-level school safety team established pursuant to
9 subdivision four of this section and shall be in a form developed by the
10 commissioner in consultation with the division of criminal justice
11 services, the superintendent of the state police and any other appropri-
12 ate state agencies. SUCH PLANS SHALL INCLUDE A SPECIFIC DESCRIPTION OF
13 THE DISTRICT'S EMERGENCY RESPONSE PREPAREDNESS PLAN IN THE EVENT THAT A
14 CRISIS OR EMERGENCY ARISES WHEN CHILDREN ARE BEING TRANSPORTED BY A
15 DISTRICT. A school district having only one school building, shall
16 develop a single building-level school safety plan, which shall also
17 fulfill all requirements for development of a district-wide plan.
18 S 4. Paragraph (b) of subdivision 1 of section 509-cc of the vehicle
19 and traffic law, as added by chapter 675 of the laws of 1985, subpara-
20 graph (i) as amended by section 27 of part LL of chapter 56 of the laws
21 of 2010, is amended to read as follows:
22 (b) for a period of [five] TEN years from the date of last conviction
23 specified herein, if that person
24 (i) has been convicted within the preceding [five] TEN years of an
25 offense listed in paragraph (c) of subdivision four of this section that
26 was committed on or after September fifteenth, nineteen hundred eighty-
27 five. However, such disqualification shall be waived provided that the
28 applicant has been granted a certificate of relief from disabilities or
29 a certificate of good conduct pursuant to article twenty-three of the
30 correction law. When the certificate is issued by a court for a
31 conviction which occurred in this state, it shall only be issued by the
32 court having jurisdiction over such conviction. Such certificate shall
33 specifically indicate that the authority granting such certificate has
34 considered the bearing, if any, the criminal offense or offenses for
35 which the person was convicted will have on the applicant's fitness or
36 ability to operate a bus transporting school children, prior to granting
37 such a certificate;
38 (ii) has been convicted of any violation of section eleven hundred
39 ninety-two of this chapter or an offense committed outside this state
40 which would constitute a violation of section eleven hundred ninety-two
41 of this chapter, and the offense was committed while the driver was
42 driving a bus in the employ of a motor carrier or in the furtherance of
43 a commercial enterprise in interstate, intrastate or foreign commerce;
44 (iii) has been twice convicted of a violation of any subdivision of
45 section eleven hundred ninety-two of this chapter or offenses committed
46 outside this state which would constitute a violation of section eleven
47 hundred ninety-two of this chapter, committed within the preceding
48 [five] TEN year period;
49 (iv) has been twice convicted of a violation of any subdivision of
50 section eleven hundred ninety-two of this chapter, or an offense commit-
51 ted outside of this state which would constitute a violation of any
52 subdivision of section one thousand one hundred ninety-two of this chap-
53 ter, committed within any ten year period after September fifteenth,
54 nineteen hundred eighty-five; or
55 (v) has been convicted of leaving the scene of an accident which
56 resulted in personal injury or death under section six hundred of this
A. 8181 4
1 chapter or an offense committed outside of this state which would
2 constitute a violation of section six hundred of this chapter.
3 S 5. The opening paragraph and subparagraph (i) of paragraph (c) of
4 subdivision 2 of section 509-cc of the vehicle and traffic law, the
5 opening paragraph as added by chapter 675 of the laws of 1985, subpara-
6 graph (i) as amended by section 28 of part LL of chapter 56 of the laws
7 of 2010, are amended to read as follows:
8 for a period of [five] TEN years from the date of last conviction
9 specified herein, if that person
10 (i) has been convicted within the preceding [five] TEN years of an
11 offense listed in paragraph (c) of subdivision four of this section.
12 [However, notwithstanding the provisions of subdivision three of section
13 seven hundred one of the correction law.] Such disqualification shall be
14 waived provided that the applicant has been granted a certificate of
15 relief from disabilities or a certificate of good conduct pursuant to
16 article twenty-three of the correction law. When the certificate is
17 issued by a court for a conviction which occurred in this state, it
18 shall only be issued by the court having jurisdiction over such
19 conviction. Such certificate shall specifically indicate that the
20 authority granting such certificate has considered the bearing, if any,
21 the criminal offense or offenses for which the person was convicted will
22 have on the applicant's fitness or ability to operate a bus transporting
23 school children, prior to granting such a certificate.
24 S 6. This act shall take effect immediately.
