S T A T E   O F   N E W   Y O R K
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                                   734

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee 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-

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

                                                           LBD02544-01-5

S. 734                              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.