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BY A FINE OF NOT LESS THAN ONE THOUSAND NOR MORE THAN FIVE THOUSAND
DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
S 2. Subdivision 4 of section 509-cc of the vehicle and traffic law,
as added by chapter 675 of the laws of 1985, paragraph (a) as amended by
chapter 93 of the laws of 2006, paragraph (b) as amended by chapter 360
of the laws of 1986, and paragraph (c) as amended by chapter 405 of the
laws of 2010, is amended to read as follows:
(4) (a) The offenses referred to in subparagraph (ii) of paragraph (a)
of subdivision one and paragraph (a) of subdivision two of this section
that result in permanent disqualification shall include a conviction
under [sections] SECTION 120.02, 120.12, 125.12, 125.20, 125.25, 125.26,
125.27, 130.20, 130.25, 130.30, 130.35, 130.45, 130.50, 130.52, 130.53,
130.60, 130.65, 130.66, 130.67, 130.70, 130.75, 130.80, 130.85, 130.95,
130.96, 135.25, 150.20, 230.20, 230.25, 230.30, 230.32, 230.40, 235.21,
235.22, 260.20, 260.21, 263.05, 263.10, 263.11, 263.15, OR 263.16 of the
penal law or an attempt to commit any of the aforesaid offenses under
section 110.00 of the penal law, or any offenses committed under a
former section of the penal law which would constitute violations of the
aforesaid sections of the penal law, or any offenses committed outside
this state which would constitute violations of the aforesaid sections
of the penal law.
(b) The offenses referred to in subparagraph (ii) of paragraph (a) of
subdivision one and paragraph (b) of subdivision two of this section
that result in permanent disqualification shall include a conviction
under sections 100.13, 105.15, 105.17, 115.08, 125.10, 125.15, 130.40,
[130.60, 130.65,] 135.20, 160.15, 220.18, 220.21, 220.39, 220.41,
220.43, 260.00, 263.05, 263.10, 263.15, 265.04 of the penal law or an
attempt to commit any of the aforesaid offenses under section 110.00 of
the penal law, or any offenses committed under a former section of the
penal law which would constitute violations of the aforesaid sections of
the penal law, or any offenses committed outside this state which would
constitute violations of the aforesaid sections of the penal law.
(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.13, 120.14, 120.25,
121.12, 121.13, 125.13, 125.14, 125.40, 125.45, 130.20, 130.25, 130.55,
135.10, 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05,
160.10, 220.06, 220.09, 220.16, 220.31, 220.34, 220.39, 220.41, 220.43,
220.44, 220.60, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06, [230.20,
230.25, 230.30, 230.32,] 235.05, 235.06, 235.07, [235.21,] 240.06,
240.30, 240.31, 245.00, 260.10, [subdivision two of section 260.20] and
sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35
of the penal law or an attempt to commit any of the aforesaid offenses
under section 110.00 of the penal law, or any similar offenses committed
under a former section of the penal law, or any offenses committed under
a former section of the penal law which would constitute violations of
the aforesaid sections of the penal law, or any offenses committed
outside this state which would constitute violations of the aforesaid
sections of the penal law.
S 3. Subdivision 1 of section 2801-a of the education law, as amended
by chapter 380 of the laws of 2001, is amended to read as follows:
1. The board of education or trustees, as defined in section two of
this chapter, of every school district within the state, however
created, and every board of cooperative educational services and county
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vocational education and extension board and the chancellor of the city
school district of the city of New York shall adopt and amend a compre-
hensive district-wide school safety plan and building-level school safe-
ty plans regarding crisis intervention, emergency response and manage-
ment, provided that in the city school district of the city of New York,
such plans shall be adopted by the chancellor of the city school
district. Such plans shall be developed by a district-wide school safe-
ty team and a building-level school safety team established pursuant to
subdivision four of this section and shall be in a form developed by the
commissioner in consultation with the division of criminal justice
services, the superintendent of the state police and any other appropri-
ate state agencies. SUCH PLANS SHALL INCLUDE A SPECIFIC DESCRIPTION OF
THE DISTRICT'S EMERGENCY RESPONSE PREPAREDNESS PLAN IN THE EVENT THAT A
CRISIS OR EMERGENCY ARISES WHEN CHILDREN ARE BEING TRANSPORTED BY A
DISTRICT. A school district having only one school building, shall
develop a single building-level school safety plan, which shall also
fulfill all requirements for development of a district-wide plan.
S 4. Paragraph (b) of subdivision 1 of section 509-cc of the vehicle
and traffic law, as added by chapter 675 of the laws of 1985, subpara-
graph (i) as amended by section 27 of part LL of chapter 56 of the laws
of 2010, is amended to read as follows:
(b) for a period of [five] TEN years from the date of last conviction
specified herein, if that person
(i) has been convicted within the preceding [five] TEN years of an
offense listed in paragraph (c) of subdivision four of this section that
was committed on or after September fifteenth, nineteen hundred eighty-
five. However, such disqualification shall be waived provided that the
applicant has been granted a certificate of relief from disabilities or
a certificate of good conduct pursuant to article twenty-three of the
correction law. When the certificate is issued by a court for a
conviction which occurred in this state, it shall only be issued by the
court having jurisdiction over such conviction. Such certificate shall
specifically indicate that the authority granting such certificate has
considered the bearing, if any, the criminal offense or offenses for
which the person was convicted will have on the applicant's fitness or
ability to operate a bus transporting school children, prior to granting
such a certificate;
(ii) has been convicted of any violation of section eleven hundred
ninety-two of this chapter or an offense committed outside this state
which would constitute a violation of section eleven hundred ninety-two
of this chapter, and the offense was committed while the driver was
driving a bus in the employ of a motor carrier or in the furtherance of
a commercial enterprise in interstate, intrastate or foreign commerce;
(iii) has been twice convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter or offenses committed
outside this state which would constitute a violation of section eleven
hundred ninety-two of this chapter, committed within the preceding
[five] TEN year period;
(iv) has been twice convicted of a violation of any subdivision of
section eleven hundred ninety-two of this chapter, or an offense commit-
ted outside of this state which would constitute a violation of any
subdivision of section one thousand one hundred ninety-two of this chap-
ter, committed within any ten year period after September fifteenth,
nineteen hundred eighty-five; or
(v) has been convicted of leaving the scene of an accident which
resulted in personal injury or death under section six hundred of this
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chapter or an offense committed outside of this state which would
constitute a violation of section six hundred of this chapter.
S 5. The opening paragraph and subparagraph (i) of paragraph (c) of
subdivision 2 of section 509-cc of the vehicle and traffic law, the
opening paragraph as added by chapter 675 of the laws of 1985, subpara-
graph (i) as amended by section 28 of part LL of chapter 56 of the laws
of 2010, are amended to read as follows:
for a period of [five] TEN years from the date of last conviction
specified herein, if that person
(i) has been convicted within the preceding [five] TEN years of an
offense listed in paragraph (c) of subdivision four of this section.
[However, notwithstanding the provisions of subdivision three of section
seven hundred one of the correction law.] Such disqualification shall be
waived provided that the applicant has been granted a certificate of
relief from disabilities or a certificate of good conduct pursuant to
article twenty-three of the correction law. When the certificate is
issued by a court for a conviction which occurred in this state, it
shall only be issued by the court having jurisdiction over such
conviction. Such certificate shall specifically indicate that the
authority granting such certificate has considered the bearing, if any,
the criminal offense or offenses for which the person was convicted will
have on the applicant's fitness or ability to operate a bus transporting
school children, prior to granting such a certificate.
S 6. This act shall take effect immediately.