Bill Text: NY S05897 | 2017-2018 | General Assembly | Amended


Bill Title: Relates to increasing the fines associated with passing a stopped school bus by commercial motor vehicles.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-06-21 - referred to codes [S05897 Detail]

Download: New_York-2017-S05897-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5897--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 5, 2017
                                       ___________
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation  --  recom-
          mitted  to  the  Committee on Transportation in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN  ACT  to amend the vehicle and traffic law, in relation to increasing
          and modifying the penalties associated with passing a  stopped  school
          bus by certain vehicles
          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] 1. Except as otherwise provided in paragraph two  of  this
     5  subdivision, every person convicted of a violation of subdivision (a) of
     6  this  section  shall:  for  a first conviction thereof, be punished by a
     7  fine of not less than two hundred  fifty  dollars  nor  more  than  four
     8  hundred  dollars  or by imprisonment for not more than thirty days or by
     9  both such fine and imprisonment; for a conviction of a second violation,
    10  both of which were committed within a period of three years, such person
    11  shall be punished by a fine of not less than  six  hundred  dollars  nor
    12  more  than  seven  hundred fifty dollars or by imprisonment for not more
    13  than one hundred eighty days or by both such fine and imprisonment; upon
    14  a conviction of a third or  subsequent  violation,  all  of  which  were
    15  committed  within a period of three years, such person shall be punished
    16  by a fine of not less than seven hundred fifty dollars nor more than one
    17  thousand dollars or by imprisonment for not more than one hundred eighty
    18  days or by both such fine and imprisonment.
    19    2. Every person convicted of a violation of subdivision  (a)  of  this
    20  section  while  operating  a commercial motor vehicle shall: for a first
    21  conviction thereof, be punished by a fine of not less than three hundred
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11440-05-8

        S. 5897--A                          2
     1  dollars nor more than four hundred dollars or by  imprisonment  for  not
     2  more  than  thirty  days  or  by  both such fine and imprisonment; for a
     3  conviction of a second violation, both of which were committed within  a
     4  period  of  three  years, such person shall be punished by a fine of not
     5  less than six hundred fifty dollars nor more than  seven  hundred  fifty
     6  dollars  or by imprisonment for not more than one hundred eighty days or
     7  by both such fine and imprisonment; upon a  conviction  of  a  third  or
     8  subsequent  violation,  all  of  which were committed within a period of
     9  three years, such person shall be punished by a fine of  not  less  than
    10  eight hundred dollars nor more than one thousand dollars or by imprison-
    11  ment  for not more than one hundred eighty days or by both such fine and
    12  imprisonment. For purposes of this paragraph, the term "commercial motor
    13  vehicle" shall have the same meaning as such term is defined by subdivi-
    14  sion four of section five hundred one-a of this chapter.
    15    § 2. This act shall take effect on the first of November next succeed-
    16  ing the date on which it shall have become a law.  Effective  immediate-
    17  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    18  necessary for the implementation of this act on its effective  date  are
    19  authorized to be made and completed on or before such effective date.
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