Assembly Bill A4447

2017-2018 Legislative Session

Creates crime of vehicular assault in the third degree; crime is committed by injury to another person while unlawfully passing stopped school bus

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A4447 (ACTIVE) - Details

See Senate Version of this Bill:
S5733
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §120.02-a, amd §§120.03 & 125.12, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6256
2011-2012: A7165
2013-2014: A4773
2015-2016: A4373
2019-2020: A3767
2021-2022: A5507

2017-A4447 (ACTIVE) - Summary

Establishes crime of vehicular assault in the third degree where a person, with criminal negligence, causes physical injury to another person while unlawfully overtaking and passing a stopped school bus; expands other degrees of crime to include unlawfully passing a stopped school bus.

2017-A4447 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4447
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PALMESANO,  FRIEND, GARBARINO, GIGLIO, GRAF,
   MURRAY, WALTER -- Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH,
   CASTORINA, CROUCH, FINCH, GOODELL,  HAWLEY,  LALOR,  LAWRENCE,  LOPEZ,
   McDONOUGH,  McKEVITT,  McLAUGHLIN,  B. MILLER, RAIA, STEC -- read once
   and referred to the Committee on Codes

 AN ACT to amend the penal law, in relation to  the  crime  of  vehicular
   assault in the third degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new  section  120.02-a
 to read as follows:
 § 120.02-A VEHICULAR ASSAULT IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF VEHICULAR ASSAULT IN THE THIRD DEGREE WHEN, WITH
 CRIMINAL NEGLIGENCE AND AS A RESULT OF SUCH NEGLIGENCE, HE OR SHE CAUSES
 PHYSICAL  INJURY TO ANOTHER PERSON WHILE UNLAWFULLY OVERTAKING AND PASS-
 ING A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR  OF
 THE VEHICLE AND TRAFFIC LAW.
   VEHICULAR ASSAULT IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   § 2. Section 120.03 of the penal law is amended by adding a new subdi-
 vision 1-a to read as follows:
   (1-A) CAUSES SUCH SERIOUS PHYSICAL INJURY TO ANOTHER PERSON WHEN, WITH
 CRIMINAL NEGLIGENCE AND AS A RESULT OF SUCH NEGLIGENCE, HE OR SHE UNLAW-
 FULLY  OVERTAKES  AND PASSES A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN
 HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW, OR
   § 3. Section 125.12 of the penal law is amended by adding a new subdi-
 vision 1-a to read as follows:
   (1-A) CAUSES THE DEATH OF SUCH PERSON WHEN, WITH  CRIMINAL  NEGLIGENCE
 AND  AS  A RESULT OF SUCH NEGLIGENCE, HE OR SHE UNLAWFULLY OVERTAKES AND
 PASSES A SCHOOL BUS IN VIOLATION OF SECTION ELEVEN HUNDRED  SEVENTY-FOUR
 OF THE VEHICLE AND TRAFFIC LAW, OR
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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