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

                                  10240

                          I N  A S S E M B L Y

                             March 11, 2010
                               ___________

Introduced by M. of A. CUSICK -- 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 penalties for violation of overtaking and pass-
  ing a school bus and creating the crime of vehicular homicide  in  the
  third degree

  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: for a first conviction thereof, be punished by a fine of
not less than two hundred fifty  dollars  nor  more  than  four  hundred
dollars or by imprisonment for not more than thirty days or by both such
fine  and  imprisonment; 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 nor more than
seven  hundred  fifty  dollars  or by imprisonment for not more than one
hundred eighty days or by  both  such  fine  and  imprisonment;  upon  a
conviction of a third or subsequent violation, all of which were commit-
ted  within  a period of three years, such person shall be punished by a
fine of not less than seven hundred fifty dollars nor  more  than  [one]
TWO  thousand  dollars or by imprisonment for not more than [one hundred
eighty days] ONE YEAR or by both such fine and imprisonment.
  S 2. Paragraph k of subdivision 3 of section 510 of  the  vehicle  and
traffic  law,  as amended by chapter 124 of the laws of 1992, is amended
and a new paragraph l is added to read as follows:
  k. for a period of up to ninety days because of the conviction of  the
holder  of  the offenses of menacing as defined in section 120.15 of the
penal law, where such offense was committed against a  traffic  enforce-
ment agent employed by the city of New York or the city of Buffalo while
such  agent  was  enforcing  or  attempting to enforce the traffic regu-
lations of such city[.];

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

                                                           LBD15689-01-0

A. 10240                            2

  L. FOR A PERIOD OF UP TO SIXTY DAYS FOR A VIOLATION OF SECTION  ELEVEN
HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
  S 3. The penal law is amended by adding a new section 125.11-A to read
as follows:
S 125.11-A VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE.
  A  PERSON IS GUILTY OF VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE WHEN
HE  OR  SHE  VIOLATES  SUBDIVISION  (A)  OF   SECTION   ELEVEN   HUNDRED
SEVENTY-FOUR  OF  THE  VEHICLE AND TRAFFIC LAW AND CAUSES THE DEATH OF A
CHILD WHO IS FIFTEEN YEARS OF AGE OR LESS.
  VEHICULAR MANSLAUGHTER IN THE THIRD DEGREE IS A CLASS E FELONY.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.