Bill Text: NY A08600 | 2013-2014 | General Assembly | Introduced


Bill Title: Increases fines and penalties for passing a stopped school bus.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-27 - referred to transportation [A08600 Detail]

Download: New_York-2013-A08600-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8600
                                 I N  A S S E M B L Y
                                   January 27, 2014
                                      ___________
       Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
         Committee on Transportation
       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:
    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 BE SUBJECT TO THE FOLLOWING FINES AND PENALTIES:
    6    (I) for a first conviction thereof, be punished by a fine of not  less
    7  than  [two  hundred  fifty]  FOUR  HUNDRED  dollars  nor more than [four
    8  hundred] SEVEN HUNDRED FIFTY dollars or by  imprisonment  for  not  more
    9  than thirty days or by both such fine and imprisonment;
   10    (II)  for  a  conviction  of  a  second  violation, both of which were
   11  committed within a period of three years, such person shall be  punished
   12  by  a fine of not less than [six hundred dollars] NINE HUNDRED FIFTY nor
   13  more than [seven hundred fifty] ONE THOUSAND ONE HUNDRED  FIFTY  dollars
   14  or  by imprisonment for not more than one hundred eighty days or by both
   15  such fine and imprisonment;
   16    (III) upon a conviction of a third or  subsequent  violation,  all  of
   17  which  were  committed within a period of three years, such person shall
   18  be punished by a fine of not less than [seven hundred fifty]  ONE  THOU-
   19  SAND ONE HUNDRED FIFTY dollars nor more than [one thousand] ONE THOUSAND
   20  FIVE  HUNDRED  dollars  or by imprisonment for not more than one hundred
   21  eighty days or by both such fine and imprisonment.
   22    S 2. Subdivision 6 of section 120.04-a of the penal law, as  added  by
   23  chapter  496  of the laws of 2009, is amended and a new subdivision 7 is
   24  added to read as follows:
   25    (6) commits such crime while operating a motor vehicle while  a  child
   26  who is fifteen years of age or less is a passenger in such motor vehicle
   27  and causes serious physical injury to such child[.]; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02093-03-3
       A. 8600                             2
    1    (7)  VIOLATES  ANY  PROVISION  OF  SUBDIVISION  (A)  OF SECTION ELEVEN
    2  HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW AND IN  THE  COMMIS-
    3  SION OF SUCH OFFENSE CAUSES INJURY TO A PERSON.
    4    S 3. Section 125.10 of the penal law is amended to read as follows:
    5  S 125.10 Criminally negligent homicide.
    6    A person is guilty of criminally negligent homicide when[, with]:
    7    1.  WITH  criminal  negligence,  he OR SHE causes the death of another
    8  person[.]; OR
    9    2. HE OR SHE CAUSES THE DEATH OF ANOTHER PERSON OR PERSONS WHILE OPER-
   10  ATING A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION (A) OF SECTION  ELEVEN
   11  HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
   12    Criminally negligent homicide is a class E felony.
   13    S 4. This act shall take effect immediately.
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