S T A T E   O F   N E W   Y O R K
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                                  7726

                            I N  S E N A T E

                               May 5, 2010
                               ___________

Introduced  by  Sen.  FOLEY  -- 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, in relation to the  liabil-
  ity  of  owners  of  motor vehicles used to overtake or pass a stopped
  school bus receiving or discharging passengers and authorizing the use
  of photographic evidence in the prosecution of  such  traffic  infrac-
  tion;  and to amend the penal law, in relation to assault in the third
  degree and criminally negligent homicide

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 225-a to read as follows:
  S 225-A. OWNERSHIP AND OPERATION OF VEHICLES; LIABILITY FOR PASSING OR
OVERTAKING STOPPED SCHOOL BUS. 1.   DEFINITIONS. WHENEVER USED  IN  THIS
ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  A.  "OWNER"  MEANS ANY PERSON, CORPORATION, PARTNERSHIP, FIRM, AGENCY,
ASSOCIATION, LESSOR OR ORGANIZATION WHO AT THE TIME OF THE ISSUANCE OF A
NOTICE OF VIOLATION:
  (1) IS THE BENEFICIAL OR EQUITABLE OWNER OF A VEHICLE; OR
  (2) HAS TITLE TO A VEHICLE; OR
  (3) IS THE REGISTRANT OR CO-REGISTRANT OF A VEHICLE  WHICH  IS  REGIS-
TERED  WITH  THE  DEPARTMENT  OR THE DEPARTMENT OF MOTOR VEHICLES OF ANY
OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION  OR  OTHER  JURISDIC-
TION; OR
  (4) USES A VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING BUSINESS; OR
  (5)  IS  AN OWNER OF A VEHICLE AS DEFINED BY SECTION ONE HUNDRED TWEN-
TY-EIGHT OF THIS CHAPTER.
  B. "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGENCY,
ASSOCIATION  OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEAS-
ING VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE  OR
OTHERWISE,  WHEREIN  THE  SAID LESSEE OR BAILEE HAS THE EXCLUSIVE USE OF
SAID VEHICLE FOR ANY PERIOD OF TIME.
  C. "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGENCY,
ASSOCIATION  OR  ORGANIZATION THAT RENTS, BAILS, LEASES OR CONTRACTS FOR

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

                                                           LBD06945-01-9

S. 7726                             2

THE USE OF ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE  USE  THEREOF  FOR
ANY PERIOD OF TIME.
  D.  "VEHICLE" MEANS A VEHICLE AS DEFINED IN SECTION ONE HUNDRED FIFTY-
NINE OF THIS CHAPTER.
  E. "OPERATOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGEN-
CY,  ASSOCIATION, ORGANIZATION OR LESSEE THAT USES OR OPERATES A VEHICLE
WITH OR WITHOUT THE PERMISSION OF THE OWNER, AND AN OWNER  WHO  OPERATES
HIS OR HER OWN VEHICLE.
  F.  "NOTICE  OF  VIOLATION"  MEANS A NOTICE OF VIOLATION AS DEFINED IN
PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION TWO  HUNDRED  TWENTY-SIX  OF
THIS ARTICLE.
  G.  "FISCAL  YEAR"  MEANS A PERIOD OF ONE YEAR COMMENCING ON THE FIRST
DAY OF JULY AND TERMINATING ON THE THIRTIETH DAY OF JUNE.
  H. "PRIMARY FILING" MEANS THE INITIAL  FILING  OF  REGISTRATION  PLATE
NUMBERS BY A LESSOR PRIOR TO THE COMMENCEMENT OF EACH FISCAL YEAR.
  2.  LIABILITY.  A.  THE  OPERATOR OF A VEHICLE SHALL BE LIABLE FOR THE
FINES OR PENALTIES IMPOSED PURSUANT TO THIS ARTICLE. EXCEPT AS OTHERWISE
PROVIDED IN PARAGRAPHS B AND E OF THIS SUBDIVISION,  THE  OWNER  OF  THE
VEHICLE,  EVEN  IF  NOT  THE  OPERATOR  THEREOF,  SHALL  BE  JOINTLY AND
SEVERALLY LIABLE WITH THE OPERATOR THEREOF FOR ANY VIOLATION OF SUBDIVI-
SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER, IF SUCH
VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE  OWNER,  EXPRESS
OR IMPLIED, BUT IN SUCH CASE THE OWNER MAY RECOVER ANY FINE OR PENALTIES
PAID BY HIM OR HER FROM THE OPERATOR.
  B.  THE  LESSOR  OF  A  MOTOR VEHICLE SHALL NOT BE LIABLE FOR FINES OR
PENALTIES IMPOSED PURSUANT TO THIS ARTICLE FOR ANY VIOLATION OF SUBDIVI-
SION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER IF:
  (1) PRIOR TO THE INFRACTION, THE LESSOR HAS FILED WITH THE  OFFICE  OF
THE  DEPARTMENT  SPECIFIED  IN SUCH NOTICE OF VIOLATION THE REGISTRATION
PLATE NUMBER, PLATE TYPE, AND PLACE OF REGISTRATION OF  THE  VEHICLE  TO
WHICH  THE  NOTICE  OF VIOLATION WAS ISSUED AND PAID THE REQUIRED FILING
FEE PROVIDED IN PARAGRAPH F OF THIS SUBDIVISION AND,
  (2) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE OFFICE OF
THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION  OF  THE  DATE  AND
TIME  OF  A  VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN
THE ORIGINAL NOTICE OF VIOLATION, THE LESSOR SUBMITS TO  THE  OFFICE  OF
THE  DEPARTMENT  SPECIFIED  IN SUCH NOTICE OF VIOLATION THE CORRECT NAME
AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED  IN  THE  NOTICE  OF
VIOLATION  AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDI-
TIONAL INFORMATION CONTAINED IN THE  RENTAL,  LEASE  OR  OTHER  CONTRACT
DOCUMENT,  AS MAY BE REASONABLY REQUIRED BY THE OFFICE OF THE DEPARTMENT
SPECIFIED IN SUCH NOTICE OF VIOLATION PURSUANT TO REGULATIONS  THAT  MAY
BE PROMULGATED FOR SUCH PURPOSE.
  C.  IF THE LESSOR HAS COMPLIED WITH SUBPARAGRAPH ONE OF PARAGRAPH B OF
THIS SUBDIVISION SUCH LESSOR SHALL NOT BE LIABLE FOR  ANY  PENALTIES  IN
EXCESS  OF  THE SCHEDULED FINE UNLESS SUCH LESSOR FAILS TO APPEAR WITHIN
THIRTY-SEVEN DAYS OF ACTUAL RECEIPT OF A NOTICE OF VIOLATION PURSUANT TO
PARAGRAPH E OF THIS SUBDIVISION.
  D. IF THE LESSOR WHO HAS COMPLIED WITH SUBPARAGRAPH ONE OF PARAGRAPH B
OF THIS SUBDIVISION HAS PAID ANY FINE OR PENALTY FOR WHICH HE OR SHE  IS
LIABLE  AND  THE  OFFICE  OF  THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF
VIOLATION SUBSEQUENTLY COLLECTS FROM THE OPERATOR OR LESSEE  THE  AMOUNT
OF  THE  SCHEDULED  FINE AND PENALTY OWED BY SUCH PERSON, OR ANY PORTION
THEREOF, THE LESSOR SHALL BE ENTITLED TO REIMBURSEMENT FROM  THE  OFFICE
OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION OF THE AMOUNT OF

S. 7726                             3

THE  FINE  AND  PENALTY PAID BY THE LESSOR, LESS THE COSTS OF COLLECTION
INCURRED BY SUCH OFFICE OF THE DEPARTMENT.
  E.  THE  LESSOR  SHALL  NOT  BE  LIABLE  FOR ANY FINES OR PENALTIES IN
CONNECTION WITH A NOTICE OF VIOLATION FOR A VEHICLE  WHOSE  REGISTRATION
PLATE NUMBER IS FILED AND THE FEE THEREFOR PAID PRIOR TO THE TIME OF THE
ISSUANCE  OF NOTICE OF VIOLATION, UNLESS THE LESSOR SHALL RECEIVE NOTICE
FROM THE OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF  VIOLATION
OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMA-
TION  CONTAINED  IN THE ORIGINAL NOTICE OF VIOLATION, WITHIN NINETY DAYS
AFTER SERVICE OF THE NOTICE OF VIOLATION, IN ACCORDANCE WITH SUBDIVISION
ONE OF SECTION TWO HUNDRED TWENTY-SIX OF THIS ARTICLE.
  F. THE ANNUAL FEE FOR FILING A  REGISTRATION  PLATE  NUMBER  WITH  THE
DEPARTMENT  BY  LESSORS  UNDER  THIS SECTION SHALL BE TWELVE DOLLARS PER
FISCAL YEAR. LESSORS SHALL ALSO PROVIDE THE  OFFICE  OF  THE  DEPARTMENT
SPECIFIED  IN SUCH NOTICE OF VIOLATION WITH SUCH OTHER ADDITIONAL INFOR-
MATION IN SUCH FORMAT AS THE COMMISSIONER BY REGULATION  MAY  REASONABLY
REQUIRE.  THE  REGISTRATION  PLATE  NUMBER SHALL NOT BE CONSIDERED FILED
WITH THE OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF  VIOLATION
UNLESS THE ANNUAL FILING FEE PROVIDED FOR IN THIS SUBDIVISION SHALL HAVE
BEEN  PAID. LESSORS SHALL NOT BE ENTITLED TO A REFUND, REDUCTION, CREDIT
OR OTHER CONSIDERATION IN CONNECTION WITH SUCH ANNUAL FILING FEE IN  THE
EVENT  THAT  SUCH  REGISTRATION  PLATE NUMBER IS WITHDRAWN FROM SERVICE,
DESTROYED OR SURRENDERED DURING THE FISCAL YEAR FOR WHICH SUCH REGISTRA-
TION PLATE NUMBER SHALL HAVE BEEN FILED. IN  THE  EVENT  THAT  A  LESSOR
FILES  WITH  THE  OFFICE  OF  THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF
VIOLATION REGISTRATION PLATE NUMBERS DURING THE FISCAL YEAR, THE  ANNUAL
FILING  FEE FOR SAME SHALL BE PRORATED ON A MONTHLY BASIS, IN ACCORDANCE
WITH A SCHEDULE THAT THE COMMISSIONER SHALL PROMULGATE BY REGULATION FOR
SUCH PURPOSE. THE PRIMARY FILING BY EACH LESSOR  FOR  EACH  FISCAL  YEAR
SHALL  BE    MADE  AT LEAST THIRTY DAYS PRIOR TO THE COMMENCEMENT OF THE
FISCAL YEAR.
  G. WHERE THE UNITED STATES POSTAL AUTHORITIES RETURN TO THE OFFICE  OF
THE  DEPARTMENT  SPECIFIED  IN  SUCH  NOTICE  OF VIOLATION A DELINQUENCY
NOTICE FORWARDED BY THE OFFICE  OF  THE  DEPARTMENT  SPECIFIED  IN  SUCH
NOTICE  OF  VIOLATION  TO  A NAME AND ADDRESS OF A LESSEE FURNISHED BY A
LESSOR IN ACCORDANCE WITH PROVISIONS OF THIS SECTION, SUCH RETURN NOTICE
SHALL BE PRESUMPTIVE EVIDENCE OF THE FURNISHING OF AN INCORRECT NAME AND
ADDRESS BY THE LESSOR. THE LESSOR MAY, HOWEVER, CONCLUSIVELY REBUT  SUCH
PRESUMPTION  IF  WITHIN SIXTY DAYS AFTER RECEIVING NOTIFICATION FROM THE
OFFICE OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION  OF  SUCH
RETURNED  MAIL  NOTICE,  THE  LESSOR  SHALL PROVIDE TO THE OFFICE OF THE
DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION A COPY  OF  THE  RENTAL
AGREEMENT  OR  LEASE  AGREEMENT  FOR SUCH LESSEE CONTAINING THE NAME AND
ADDRESS PREVIOUSLY FURNISHED TO THE OFFICE OF THE  DEPARTMENT  SPECIFIED
IN  SUCH  NOTICE  OF VIOLATION. IN THE EVENT THAT A LESSOR SHALL FAIL TO
REBUT THE PRESUMPTION ESTABLISHED BY THIS SUBDIVISION, THE LESSOR  SHALL
BE  LIABLE FOR THE FINES IMPOSED PURSUANT TO THIS ARTICLE AND IN ACCORD-
ANCE WITH THE RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
  H. THE COMMISSIONER SHALL  BY  RULES  AND  REGULATIONS  PRESCRIBE  THE
MANNER  AND  METHOD  OF  GIVING  NOTICE OF OUTSTANDING VIOLATIONS TO THE
LESSEES. ALL NOTICES TO LESSORS UNDER THIS SECTION  SHALL  BE  BY  FIRST
CLASS  MAIL  TO  THE  ADDRESS  ON FILE WITH THE OFFICE OF THE DEPARTMENT
SPECIFIED IN SUCH NOTICE OF VIOLATION OR BY SUCH OTHER MEANS AS SHALL BE
PROVIDED FOR IN THE RULES AND REGULATIONS OF THE COMMISSIONER.
  I. A LESSOR SHALL COOPERATE BY PROVIDING THE OFFICE OF THE  DEPARTMENT
SPECIFIED  IN  SUCH  NOTICE OF VIOLATION, OR ITS DESIGNATED AGENTS, WITH

S. 7726                             4

SUCH OTHER ADDITIONAL INFORMATION AS SHALL BE CONTAINED IN SUCH LESSOR'S
RENTAL OR LEASE AGREEMENTS WITH THEIR LESSEES AS SHALL BE  AVAILABLE  TO
THEM.
  3.  STOLEN VEHICLES. IF ANY OWNER OF A MOTOR VEHICLE RECEIVES A NOTICE
OF VIOLATION AS SUCH OWNER FOR A PERIOD DURING WHICH THE DESCRIBED VEHI-
CLE WAS REPORTED TO ANY POLICE DEPARTMENT  AS  HAVING  BEEN  STOLEN,  IT
SHALL BE A VALID DEFENSE TO ANY CHARGE OF A VIOLATION OF SUBDIVISION (A)
OF  SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER CHARGED PURSUANT
TO THIS ARTICLE THAT THE MOTOR VEHICLE HAD BEEN REPORTED TO  THE  POLICE
AS  STOLEN  PRIOR  TO  THE  TIME THE VIOLATION OCCURRED AND HAD NOT BEEN
RECOVERED BY SUCH TIME.  FOR  THE  PURPOSES  OF  ASSERTING  THE  DEFENSE
PROVIDED  BY  THIS  SUBDIVISION, IT SHALL BE SUFFICIENT THAT A CERTIFIED
COPY OF THE POLICE REPORT OF THE STOLEN VEHICLE BE MAILED TO THE  OFFICE
OF THE DEPARTMENT SPECIFIED IN SUCH NOTICE OF VIOLATION.
  S 2. The section heading and subdivision 1 of section 226 of the vehi-
cle  and  traffic law, as added by chapter 1074 of the laws of 1969, are
amended to read as follows:
  Summons; NOTICE OF VIOLATION; answer. 1.  Summons.   (A) GENERAL.  The
commissioner shall be authorized to prescribe by regulation the form for
the  summons  and complaint to be used for all traffic violations speci-
fied in subdivision one of section two hundred twenty-five of this chap-
ter, and to establish procedures for proper administrative controls over
the disposition thereof.  Such summons may be the same  as  the  uniform
summons  provided for in section two hundred seven of this chapter.  The
chief executive officer of each local police force which is required  to
use the summons and complaint provided for herein shall prepare or cause
to  be  prepared  such  records  and reports as may be prescribed by the
commissioner.
  (B) NOTICE OF VIOLATION. WHENEVER  PHOTOGRAPHIC  EVIDENCE  OF  OR  THE
OPERATOR  OF  A  SCHOOL  BUS  REPORTS  A VIOLATION OF SUBDIVISION (A) OF
SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER, A  SUMMONS  MAY  BE
SERVED  BY MAIL UPON THE OWNER OF THE VEHICLE OBSERVED IN SUCH VIOLATION
AS SET FORTH IN THE RECORDS OF THE DEPARTMENT  PROVIDED,  HOWEVER,  THAT
SUCH  SUMMONS  IS ACCOMPANIED BY A NOTICE OF VIOLATION REFERRING TO SUCH
SUMMONS, BOTH IN FORM AS SHALL BE PRESCRIBED  BY  THE  COMMISSIONER  FOR
THIS  PURPOSE,  SUCH  VEHICLE  IS IDENTIFIED IN SUCH NOTICE OF VIOLATION
BOTH BY ITS REGISTRATION PLATE NUMBER AND A DESCRIPTION THEREOF, INCLUD-
ING ITS MAKE, MODEL, BODY TYPE AND COLOR, AND SUCH NOTICE IS ACCOMPANIED
BY SAID OFFICER'S CERTIFICATION OF THE EVIDENCE WHICH IS THE  BASIS  FOR
SUCH  VIOLATION  AUTHORIZING  THE MAILING THEREOF. WHEN SUCH SUMMONS AND
NOTICE OF VIOLATION ARE SO SERVED BY MAIL  PURSUANT  TO  THIS  PARAGRAPH
DUPLICATES OR FACSIMILES THEREOF SHALL BE FILED WITH AND RETAINED BY THE
OFFICE OF THE DEPARTMENT SPECIFIED ON SUCH NOTICE OF VIOLATION, SHALL BE
DEEMED  RECORDS  KEPT  IN  THE  ORDINARY COURSE OF BUSINESS AND SHALL BE
PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN; IN  ADDITION,  SUCH
NOTICE  OF VIOLATION AND SUMMONS SERVED BY MAIL AS HEREIN PROVIDED SHALL
HAVE THE SAME FORCE AND  EFFECT  AND  THE  RECIPIENT  THEREOF  SHALL  BE
SUBJECT  TO  THE SAME PENALTIES FOR DISREGARD THEREOF AS THOUGH THE SAME
WERE PERSONALLY SERVED ON THE PERSON  CHARGED  WITH  THE  VIOLATION  SET
FORTH THEREIN, EXCEPT AS MAY OTHERWISE BE SET FORTH IN THIS ARTICLE, AND
SHALL  HAVE  CLEARLY  IMPRINTED THEREON IN EASILY VISIBLE BLOCK LETTERS:
YOUR FAILURE TO ANSWER THIS SUMMONS MAY RESULT IN THE SUSPENSION OF YOUR
LICENSE OR DRIVING PRIVILEGE PURSUANT TO S 226 OF THE VEHICLE AND  TRAF-
FIC LAW.
  S  3. Subdivision 3 and paragraph a of subdivision 4 of section 227 of
the vehicle and traffic law, subdivision 3 as amended by chapter 337  of

S. 7726                             5

the  laws  of 1970 and renumbered by chapter 288 of the laws of 1989 and
paragraph a of subdivision 4 as amended by section 7 of part J of  chap-
ter 62 of the laws of 2003, are amended to read as follows:
  3.  After due consideration of the evidence and arguments offered in a
contested case, the hearing officer shall determine whether the  charges
have  been established. IN THE CASE OF AN OWNER CHARGED AS SUCH PURSUANT
TO THIS ARTICLE, IT SHALL BE A COMPLETE DEFENSE TO SUCH  CHARGE  THAT  A
VEHICLE  ALLEGED  TO BE IN VIOLATION WAS OPERATED WITHOUT THE PERMISSION
OF SUCH OWNER OR HIS AGENT AND THE ESTABLISHMENT OF LACK  OF  PERMISSION
SHALL  RESULT  IN  AN  ORDER  DISMISSING SUCH CHARGE AGAINST SUCH OWNER.
Where the charges have not been established,  an  order  dismissing  the
charges  shall  be entered.  Where a determination is made that a charge
has been established, either in a contested case or  in  an  uncontested
case  where  there  is  an appearance before a hearing officer, or if an
answer admitting the charge otherwise has been received, an  appropriate
order shall be entered in the department's records.
  a.  An order entered upon the failure to answer or appear or after the
receipt of an answer admitting the charge or where  a  determination  is
made  that the charge has been established shall be civil in nature, but
shall be treated as a conviction for the purposes of this  chapter.  The
commissioner  or his designee may include in such order an imposition of
any penalty authorized by any provision of this chapter for a conviction
of such violation, except that no  penalty  [therefore]  THEREFOR  shall
include  imprisonment,  nor,  if monetary, exceed the amount of the fine
which could have been imposed had the charge been heard by a court.  The
driver's  license  or privileges, or, if the charge involves a violation
of section three hundred eighty-five or section four hundred one of this
chapter by a registrant who was not the operator  of  the  vehicle,  the
registration  of  such  vehicle  or  privilege of operation of any motor
vehicle owned by such registrant may be suspended pending the payment of
any penalty so imposed; HOWEVER, IN THE CASE OF AN OWNER CHARGED AS SUCH
PURSUANT TO THIS ARTICLE, HIS OR HER DRIVER'S LICENSE OR PRIVILEGE SHALL
NOT BE AFFECTED BY SUCH ORDER OR DETERMINATION OTHER THAN AS  SUSPENSION
THEREOF  FOR  FAILURE TO APPEAR OR PAY AS SET FORTH IN THIS ARTICLE, NOR
SHALL A CONVICTION HEREUNDER OF SUCH OWNER AS  SUCH  RESULT  IN  DEPART-
MENTAL  ADMINISTRATIVE SANCTIONS AFFECTING HIS OR HER DRIVING LICENSE OR
PRIVILEGE. Any suspension issued pursuant to  this  paragraph  shall  be
subject  to  the  provisions  of  paragraph  (j-1) of subdivision two of
section five hundred three of this chapter.
  S 4. Section 1174 of the vehicle and traffic law is amended by  adding
a new subdivision (b-1) to read as follows:
  (B-1)  THE DRIVER AND/OR OWNER OF A VEHICLE CHARGED WITH THE VIOLATION
OF SUBDIVISION (A) OF THIS SECTION, MAY BE  PROSECUTED  BASED  UPON  THE
OBSERVATIONS OF THE DRIVER OF A SCHOOL BUS OR PHOTOGRAPHIC EVIDENCE.
  S 5. Section 120.00 of the penal law is amended to read as follows:
S 120.00 Assault in the third degree.
  A person is guilty of assault in the third degree when:
  1.  With  intent to cause physical injury to another person, he OR SHE
causes such injury to such person or to a third person; or
  2. He OR SHE recklessly causes physical injury to another person; or
  3. With criminal negligence, he  OR  SHE  causes  physical  injury  to
another person by means of a deadly weapon or a dangerous instrument[.];
OR
  4.  HE OR SHE CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHILE OPERATING
A MOTOR VEHICLE IN  VIOLATION  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN
HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.

S. 7726                             6

  Assault in the third degree is a class A misdemeanor.
  S 6. Section 125.10 of the penal law is amended to read as follows:
S 125.10 Criminally negligent homicide.
  A person is guilty of criminally negligent homicide when[, with]:
  1.  WITH  criminal  negligence,  he OR SHE causes the death of another
person[.]; OR
  2. HE OR SHE CAUSES THE DEATH OF  ANOTHER  PERSON  WHILE  OPERATING  A
MOTOR  VEHICLE IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
  Criminally negligent homicide is a class E felony.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.