S T A T E   O F   N E W   Y O R K
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                                  7672

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 30, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  criminaliz-
  ing  the  operation  of  a school bus by a person having any amount of
  alcohol in his or her blood and providing sanctions for violations

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

  Section  1.  Section 1192 of the vehicle and traffic law is amended by
adding a new subdivision 6-a to read as follows:
  6-A. SCHOOL BUSES: PER SE. NOTWITHSTANDING THE PROVISIONS  OF  SECTION
ELEVEN  HUNDRED  NINETY-FIVE  OF THIS ARTICLE, NO PERSON SHALL OPERATE A
SCHOOL BUS WHILE SUCH PERSON HAS ANY AMOUNT OF ALCOHOL IN  THE  PERSON'S
BLOOD  AS  SHOWN  BY  CHEMICAL  ANALYSIS OF SUCH PERSON'S BLOOD, BREATH,
URINE OR SALIVA, MADE PURSUANT  TO  THE  PROVISIONS  OF  SECTION  ELEVEN
HUNDRED NINETY-FOUR OF THIS ARTICLE.
  S  2.  Subparagraph 4-a of paragraph (d) of subdivision 1 and subpara-
graph 4-a of paragraph (b) of subdivision 2 of section 1193 of the vehi-
cle and traffic law, subparagraph 4-a and paragraph (d) of subdivision 1
as amended by chapter 732 of the laws of 2006 and  subparagraph  4-a  of
paragraph  (b)  of  subdivision  2 as added by chapter 26 of the laws of
1996, are amended to read as follows:
  (4-a) A violation of subdivision [two, three, four or four-a] SIX-A of
section eleven hundred ninety-two of this article wherein  the  violator
is operating a school bus as defined in section one hundred forty-two of
this  chapter  and  such  school  bus  is  carrying at least one student
passenger shall be a class E felony punishable by a  fine  of  not  less
than  one  thousand dollars nor more than five thousand dollars, or by a
period of imprisonment as provided in the penal law,  or  by  both  such
fine  and  imprisonment.  [A  violation  of subdivision two-a of section
eleven hundred ninety-two of this article wherein the violator is  oper-
ating  a  school bus as defined in section one hundred forty-two of this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10799-01-3
              

A. 7672                             2

chapter and such school bus is carrying at least one  student  passenger
shall  be  a  class  D  felony punishable by a fine of not less than two
thousand dollars nor more than ten thousand dollars, or by a  period  of
imprisonment  as  provided  in  the  penal law, or by both such fine and
imprisonment.]
  (4-a) School buses. (A) [One year, where the holder is convicted of  a
violation  of  any  subdivision  of section eleven hundred ninety-two of
this article, such violation was committed while the holder was  driving
a  school bus, and the holder is sentenced pursuant to subparagraph one,
one-a or four-a of paragraph (d) of subdivision one of this section.
  (B)] Three years where the holder is convicted of a violation  of  any
subdivision  of  section eleven hundred ninety-two of this article, such
violation was committed while the holder was driving a school  bus,  and
the  holder  is sentenced pursuant to subparagraph four of paragraph (d)
of subdivision one of this section.
  [(C)] (B) Notwithstanding the provisions of the opening  paragraph  of
this paragraph [(b)], the commissioner shall not revoke the registration
of a school bus driven in violation of section eleven hundred ninety-two
of this article.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.