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

                                  5040

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 7, 2013
                               ___________

Introduced  by  Sens.  MARCELLINO,  FUSCHILLO  -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

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-

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

S. 5040                             2

ating 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 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.