S T A T E   O F   N E W   Y O R K
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                                   250

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. CUSICK, TOBACCO, CASTRO, WEISENBERG, ENGLEBRIGHT
  -- Multi-Sponsored by -- M. of A. CALHOUN, GABRYSZAK, LUPARDO, McENENY
  -- 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00576-01-1
              

A. 250                              2

  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[.];
  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.