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

                                 1064--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MAZIARZ, AVELLA, DeFRANCISCO, LARKIN, SAVINO, YOUNG
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Transportation -- recommitted  to  the  Committee  on
  Transportation  in  accordance with Senate Rule 6, sec. 8 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
  relation  to  increasing  fines  and  penalties  for passing a stopped
  school bus

  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 BE SUBJECT TO THE FOLLOWING FINES AND PENALTIES:
  (I) for a first conviction thereof, be punished by a fine of not  less
than  [two  hundred  fifty]  FOUR  HUNDRED  dollars  nor more than [four
hundred] SEVEN HUNDRED FIFTY dollars or by  imprisonment  for  not  more
than thirty days or by both such fine and imprisonment;
  (II)  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] NINE HUNDRED FIFTY nor
more than [seven hundred fifty] ONE THOUSAND ONE HUNDRED  FIFTY  dollars
or  by imprisonment for not more than one hundred eighty days or by both
such fine and imprisonment;
  (III) upon a conviction of a third or  subsequent  violation,  all  of
which  were  committed within a period of three years, such person shall
be punished by a fine of not less than [seven hundred fifty]  ONE  THOU-
SAND ONE HUNDRED FIFTY dollars nor more than [one thousand] ONE THOUSAND

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

                                                           LBD02093-02-3

S. 1064--A                          2

FIVE  HUNDRED  dollars  or by imprisonment for not more than one hundred
eighty days or by both such fine and imprisonment.
  S  2.  Subdivision 6 of section 120.04-a of the penal law, as added by
chapter 496 of the laws of 2009, is amended and a new subdivision  7  is
added to read as follows:
  (6)  commits  such crime while operating a motor vehicle while a child
who is fifteen years of age or less is a passenger in such motor vehicle
and causes serious physical injury to such child[.]; OR
  (7) VIOLATES ANY  PROVISION  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN
HUNDRED  SEVENTY-FOUR  OF THE VEHICLE AND TRAFFIC LAW AND IN THE COMMIS-
SION OF SUCH OFFENSE CAUSES INJURY TO A PERSON.
  S 3. 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 OR PERSONS WHILE OPER-
ATING  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 4. This act shall take effect immediately.