S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1023
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sens. FUNKE, AKSHAR, AVELLA, LARKIN, ORTT, YOUNG -- 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 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
 DOLLARS  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
 FIVE HUNDRED dollars or by imprisonment for not more  than  one  hundred
 eighty days or by both such fine and imprisonment.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04164-01-7

              

 S. 1023                             2
 
   §  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.
   § 3. Section 125.10 of the penal law is amended to read as follows:
 § 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.
   § 4. This act shall take effect immediately.