NY State Senate Bill 2009-S7388

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2010	referred to transportation

2009-S7388 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1174, V & T L; amd §120.04-a, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S515
2013-2014: S1064
2015-2016: S2978
2017-2018: S1023

2009-S7388 (ACTIVE) - Summary

Increases fines and penalties for passing a stopped school bus.

2009-S7388 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7388

 TITLE OF BILL :
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


 PURPOSE OR GENERAL IDEA OF BILL :
Provides for increased monetary penalties for passing a school bus and
applies criminal penalties to those who injure or kill a person while
doing so.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 Subdivision C of Section 1174 of the Vehicle and Traffic Law
is amended as follows:
(i) increases the range of fines for passing a school bus for the
first time from a minimum of $250 and a maximum of $400 to a minimum
of $400 and a maximum of $750.
(ii) increases the range of fines for passing a school bus for the
second time from a minimum of $600 and a maximum of $750 to a minimum
of $950 and a maximum of $1150
(iii) increases the range of fines for passing a school bus for the
third time within a three year period from a minimum of $750 and a
maximum of $1000 to a minimum of $1150 to a maximum of $1500.
(iv) requires that a person who injures someone while passing a school

bus be charged with aggravated vehicular assault and if a person is
killed in the incident requires a charge of criminally negligent
homicide.

 JUSTIFICATION :
The National highway Transportation administration reports that each
year, an average of 11 passengers under the age of 19 die in school
bus accidents.  Most of the most serious injuries and deaths occur
when children are hit by a school bus or by passing motorists while
getting on or off the bus.

More than 25 children each year die in pedestrian accidents involving
school buses. In fact, three times as many children are killed in
school bus accidents while getting on or off the bus than while riding
it.

Pedestrians account for more than 40 percent of school bus-related
fatalities. Many of these injuries occur when children are boarding or
exiting the school bus, due to the driver's "blind spot," which
extends approximately 10 feet around the bus.

These statistics clearly demonstrate the importance of strengthening
penalties against those who illegally pass a school bus, and
especially for those that injure another person while doing so.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S7388 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7388

                            I N  S E N A T E

                              April 6, 2010
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed 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:

  Section  1. Subdivision (c) of section 1174 of the vehicle and traffic
law, as amended by chapter 254 of the laws of 2002, is amended  to  read
as follows:
  (c)  Every  person convicted of a violation of subdivision (a) of this
section shall BE SUBJECT TO THE FOLLOWING FINES AND PENALTIES:
  (I) for a first conviction thereof, be punished by a fine of not  less
than  [two  hundred  fifty]  FOUR  HUNDRED  dollars  nor more than [four
hundred] SEVEN HUNDRED FIFTY dollars or by  imprisonment  for  not  more
than thirty days or by both such fine and imprisonment;
  (II)  for  a  conviction  of  a  second  violation, both of which were
committed within a period of three years, such person shall be  punished
by  a fine of not less than [six hundred dollars] NINE HUNDRED FIFTY nor
more than [seven hundred fifty] ONE THOUSAND ONE HUNDRED  FIFTY  dollars
or  by imprisonment for not more than one hundred eighty days or by both
such fine and imprisonment;
  (III) upon a conviction of a third or  subsequent  violation,  all  of
which  were  committed within a period of three years, such person shall
be punished by a fine of not less than [seven hundred fifty]  ONE  THOU-
SAND ONE HUNDRED FIFTY dollars nor more than [one thousand] ONE THOUSAND
FIVE  HUNDRED  dollars  or by imprisonment for not more than one hundred
eighty days or by both such fine and imprisonment;
  (IV) WHERE AN INDIVIDUAL CONVICTED OF  VIOLATING  SUBDIVISION  (A)  OF
THIS  SECTION  AND  (1)  ALSO  CAUSES INJURY TO A PERSON SUCH INDIVIDUAL
SHALL BE CHARGED WITH THE  CRIME  OF  AGGRAVATED  VEHICULAR  ASSAULT  AS
DEFINED  IN  SECTION  120.04-A  OF  THE PENAL LAW OR (2) ALSO CAUSES THE
DEATH OF A PERSON, SUCH INDIVIDUAL SHALL BE CHARGED WITH  THE  CRIME  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16757-01-0

S. 7388                             2

CRIMINALLY  NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE PENAL
LAW.
  S 2. Subdivision 5 of section 120.04-a of the penal law, as amended by
chapter 496 of the laws of 2009, is amended to read as follows:
  (5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty-five of this title  involving  the
operation  of  a  motor  vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of  a  motor  vehicle
which,  if committed in this state, would constitute a violation of this
article or article one hundred twenty-five of this title OR IS CONVICTED
OF VIOLATING ANY PROVISION OF SUBDIVISION (A) OF SECTION ELEVEN  HUNDRED
SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW; or
  S 3. This act shall take effect immediately.

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Senate Bill S7388

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2009-S7388 (ACTIVE) - Details

2009-S7388 (ACTIVE) - Summary

2009-S7388 (ACTIVE) - Sponsor Memo

2009-S7388 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7388

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Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Transportation Committee

2009-S7388 (ACTIVE) - Details

2009-S7388 (ACTIVE) - Summary

2009-S7388 (ACTIVE) - Sponsor Memo

2009-S7388 (ACTIVE) - Bill Text download pdf

Comments