A01520 Summary:

BILL NO    A01520 

SAME AS    SAME AS S03509

SPONSOR    Magnarelli (MS)

COSPNSR    Weprin, Galef, Roberts, Russell, Hooper, Cusick, McDonough

MLTSPNSR   Arroyo, Clark, Cook, Gottfried, Lupardo, McDonald, Rivera, Sepulveda,
           Solages, Thiele, Titone

Amd SS375, 227 & 510, add SS1174-a & 223-a, V & T L; amd SS3621 & 3623-a, Ed L;
amd SS120.00 & 125.10, Pen L

Enacts the "school bus camera safety act" to authorize the installation and use
of photo monitoring devices on school buses to detect and record vehicles
illegally passing or overtaking a school bus; provides for owner liability of a
motor vehicle detected by a camera to have illegally passed or overtaken a
school bus; provides that liability shall be a civil fine equal to the traffic
infraction fine imposed therefor; authorizes school districts to receive state
aid for the purchase of such cameras; includes within the class A misdemeanor
of assault in the third degree, the causation of physical injury to another
person while passing or overtaking a stopped school bus; includes within the
class E felony of criminally negligent homicide, the causation of death to
another person while passing or overtaking a stopped school bus.
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A01520 Actions:

BILL NO    A01520 

01/12/2015 referred to transportation
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A01520 Text:

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

                                         1520

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 12, 2015
                                      ___________

       Introduced  by  M.  of  A.  MAGNARELLI, WEPRIN, GALEF, ROBERTS, RUSSELL,
         HOOPER, CUSICK, McDONOUGH -- Multi-Sponsored by -- M.  of  A.  ARROYO,
         CLARK,  COOK,  GOTTFRIED, LUPARDO, RIVERA, SEPULVEDA, SOLAGES, THIELE,
         TITONE -- read once and referred to the Committee on Transportation

       AN ACT to amend the vehicle and traffic law and the  education  law,  in
         relation  to authorizing the installation and use of safety cameras on
         school buses for the purpose of monitoring overtaking  and passing  of
         school  bus  violations;  to  amend  the  vehicle  and traffic law, in
         relation to owner liability for an operator  illegally  overtaking  or
         passing  a  school  bus;  and  to  amend the penal law, in relation to
         assault in the third degree and criminally negligent homicide

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "school bus camera safety act".
    3    S 2. Section 375 of the vehicle and traffic law is amended by adding a
    4  new subdivision 21-j to read as follows:
    5    21-J. SCHOOL BUSES OWNED OR CONTRACTED FOR BY A SCHOOL DISTRICT  WHICH
    6  HAS  ADOPTED  A  RESOLUTION PROVIDING FOR THE INSTALLATION OF SCHOOL BUS
    7  SAFETY CAMERAS, AS DEFINED IN SECTION ELEVEN HUNDRED  SEVENTY-FOUR-A  OF
    8  THIS CHAPTER, MAY BE EQUIPPED WITH AND OPERATE SUCH CAMERAS. THE COMMIS-
    9  SIONER  SHALL  PROMULGATE  RULES AND REGULATIONS FOR THE INSTALLATION OF
   10  SCHOOL BUS SAFETY CAMERAS.
   11    S 3. The vehicle and traffic law is amended by adding  a  new  section
   12  1174-a to read as follows:
   13    S 1174-A. OWNER LIABILITY FOR OPERATOR ILLEGALLY OVERTAKING OR PASSING
   14  A SCHOOL BUS. (A) FOR THE PURPOSES OF THIS SECTION:
   15    1.  "SCHOOL  BUS  SAFETY  CAMERA"  MEANS AN AUTOMATED PHOTO MONITORING
   16  DEVICE AFFIXED TO A SCHOOL BUS AND DESIGNED TO DETECT AND STORE AN IMAGE
   17  OF MOTOR VEHICLES WHICH OVERTAKE OR PASS SCHOOL BUSES  IN  VIOLATION  OF
   18  SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01758-01-5
       A. 1520                             2

    1    2.  "OWNER"  SHALL  HAVE THE SAME MEANING PROVIDED IN ARTICLE TWO-B OF
    2  THIS CHAPTER.
    3    (B) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE BOARD OF EDUCA-
    4  TION  OR  OF  TRUSTEES  OF  A  SCHOOL  DISTRICT IS HEREBY AUTHORIZED AND
    5  EMPOWERED TO ADOPT A RESOLUTION PROVIDING FOR THE INSTALLATION AND OPER-
    6  ATION OF SCHOOL BUS SAFETY CAMERAS UPON  SCHOOL  BUSES  OPERATED  BY  OR
    7  CONTRACTED  WITH  SUCH  DISTRICT,  AND  PROVIDING  FOR THE FORWARDING OF
    8  IMAGES FROM SUCH CAMERAS TO A LAW ENFORCEMENT AGENCY HAVING JURISDICTION
    9  IN THE AREA IN WHICH SUCH SCHOOL  BUSES  OPERATE,  FOR  THE  PURPOSE  OF
   10  IMPOSING MONETARY LIABILITY ON THE OWNER OF A MOTOR VEHICLE FOR ILLEGAL-
   11  LY OVERTAKING OR PASSING A SCHOOL BUS IN VIOLATION OF SUBDIVISION (A) OF
   12  SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
   13    2.  THE  BOARD OF EDUCATION OR OF TRUSTEES OF THE SCHOOL DISTRICT MAY,
   14  FURTHERMORE, ENTER INTO AN AGREEMENT  WITH  A  PRIVATE  VENDOR  FOR  THE
   15  INSTALLATION, OPERATION, NOTICE PROCESSING AND ADMINISTRATION, AND MAIN-
   16  TENANCE  OF  SCHOOL  BUS  SAFETY CAMERAS ON BUSES WITHIN SUCH DISTRICT'S
   17  FLEET, WHETHER OWNED OR LEASED.
   18    3. SUCH SCHOOL BUS SAFETY CAMERAS SHALL UTILIZE NECESSARY TECHNOLOGIES
   19  TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY  SUCH
   20  CAMERAS  SHALL  NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSEN-
   21  GERS OR THE CONTENTS OF THE VEHICLE; SHALL ONLY PRODUCE  A  PHOTOGRAPHIC
   22  IMAGE  OF THE FRONT OR REAR REGISTRATION NUMBER PLATE OF THE MOTOR VEHI-
   23  CLE; AND SHALL ONLY PRODUCE A PHOTOGRAPHIC  IMAGE  OF  A  VEHICLE  WHICH
   24  PASSES  OR  OVERTAKES THE SCHOOL BUS, IN VIOLATION OF SUBDIVISION (A) OF
   25  SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE,  WHILE  THE  SCHOOL
   26  BUS  IS AT A FULL STOP AND THE RED VISUAL SIGNAL, AS SPECIFIED IN SUBDI-
   27  VISION TWENTY OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER,  IS
   28  BEING  OPERATED.  PROVIDED, HOWEVER, THAT NO SIMPLIFIED TRAFFIC INFORMA-
   29  TION ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A
   30  PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF  THE  CONTENTS
   31  OF A MOTOR VEHICLE.
   32    4.  SUCH  A SCHOOL DISTRICT MAY ENTER INTO AN INTERGOVERNMENTAL AGREE-
   33  MENT WITH A LOCAL GOVERNING AUTHORITY TO OFFSET THE EXPENSES RELATING TO
   34  THE ONGOING OPERATION OF SCHOOL BUS SAFETY CAMERAS AND  THE  IMPLEMENTA-
   35  TION OF THE PROVISIONS OF THIS SECTION.
   36    (C)  IN  ANY  SCHOOL  DISTRICT  IN WHICH SCHOOL BUS SAFETY CAMERAS ARE
   37  INSTALLED AND OPERATED PURSUANT TO SUBDIVISION (B) OF THIS SECTION,  THE
   38  OWNER OF A MOTOR VEHICLE, UPON ISSUANCE OF A SIMPLIFIED TRAFFIC INFORMA-
   39  TION  BY  A POLICE OFFICER, SHALL BE LIABLE FOR A CIVIL PENALTY EQUAL TO
   40  THE FINES ESTABLISHED IN  SUBDIVISION  (C)  OF  SECTION  ELEVEN  HUNDRED
   41  SEVENTY-FOUR  OF  THIS ARTICLE IF SUCH VEHICLE WAS USED OR OPERATED WITH
   42  THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF  SUBDI-
   43  VISION  (A) OF SUCH SECTION, AND SUCH VIOLATION IS EVIDENCED BY INFORMA-
   44  TION OBTAINED FROM A SCHOOL BUS SAFETY CAMERA; PROVIDED,  HOWEVER,  THAT
   45  NO  OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO
   46  THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS  BEEN  CONVICTED  OF
   47  THE  UNDERLYING  VIOLATION  OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
   48  SEVENTY-FOUR OF THIS ARTICLE. PROVIDED, FURTHER, THAT THE  NET  PROCEEDS
   49  OF  ANY  PENALTY,  AFTER  THE EXPENSES OF ADMINISTRATION, COLLECTED BY A
   50  TRAFFIC VIOLATIONS BUREAU OR COURT PURSUANT TO  THIS  SECTION  SHALL  BE
   51  EXPENDED  FOR  PROGRAMS RELATED TO IMPROVING PUBLIC SAFETY AND/OR SCHOOL
   52  DISTRICT SAFETY IN THE MUNICIPALITY IN WHICH THE VIOLATION OCCURRED.
   53    (D) AFTER A SCHOOL DISTRICT FORWARDS THE IMAGES FROM  ITS  SCHOOL  BUS
   54  SAFETY  CAMERAS  TO  A  LAW  ENFORCEMENT  AGENCY, A POLICE OFFICER SHALL
   55  INSPECT SUCH IMAGES TO DETERMINE WHETHER A VIOLATION OF SUBDIVISION  (A)
   56  OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE WAS COMMITTED. IF
       A. 1520                             3

    1  SUCH  POLICE  OFFICER  FINDS  THAT  SUCH A VIOLATION OCCURRED, HE OR SHE
    2  SHALL ISSUE A SIMPLIFIED TRAFFIC INFORMATION ALLEGING THE VIOLATION, AND
    3  SUCH INFORMATION WITH A COPY OF THE PHOTOGRAPHIC IMAGE OF THE  VIOLATION
    4  SHALL  BE  MAILED  TO THE OWNER OF THE MOTOR VEHICLE BY FIRST CLASS MAIL
    5  WITHIN THIRTY DAYS OF THE ALLEGED VIOLATION. THE IMAGES  PRODUCED  BY  A
    6  SCHOOL  BUS  SAFETY  CAMERA  SHALL  BE PRIMA FACIE EVIDENCE OF THE FACTS
    7  CONTAINED THEREIN. ALL PHOTOGRAPHIC IMAGES OF MOTOR  VEHICLES  WHICH  DO
    8  NOT  DEPICT  OR  RESULT IN LIABILITY FOR VIOLATION OF SUBDIVISION (A) OF
    9  SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE SHALL  BE  DESTROYED
   10  BY THE APPROPRIATE SCHOOL DISTRICT AND LAW ENFORCEMENT AGENCY WITHIN TWO
   11  DAYS.
   12    (E)  AN  IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
   13  DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE  MADE  PART  OF  THE
   14  OPERATING  RECORD  OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR
   15  SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR  VEHI-
   16  CLE INSURANCE COVERAGE.
   17    (F)  1. A SIMPLIFIED TRAFFIC INFORMATION AND THE PHOTOGRAPHIC IMAGE OF
   18  THE ALLEGED VIOLATION SHALL BE SENT BY FIRST CLASS MAIL TO  EACH  PERSON
   19  ALLEGED  TO  BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (A) OF
   20  SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS  ARTICLE  PURSUANT  TO  THIS
   21  SECTION.  PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
   22  OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF  BUSI-
   23  NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   24    2. A SIMPLIFIED TRAFFIC INFORMATION SHALL CONTAIN THE NAME AND ADDRESS
   25  OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDI-
   26  VISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSU-
   27  ANT  TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN
   28  SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE,  THE  DATE
   29  AND  TIME  OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE SCHOOL
   30  BUS SAFETY CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
   31  NUMBER.
   32    3. THE SIMPLIFIED TRAFFIC INFORMATION SHALL CONTAIN INFORMATION ADVIS-
   33  ING THE PERSON CHARGED OF THE MANNER, THE TIME, THE PLACE AND THE  COURT
   34  OR  ADMINISTRATIVE  BODY  IN  WHICH  HE OR SHE MAY CONTEST THE LIABILITY
   35  ALLEGED IN THE SIMPLIFIED TRAFFIC INFORMATION.  SUCH SIMPLIFIED  TRAFFIC
   36  INFORMATION  SHALL  ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED
   37  THAT FAILURE TO ANSWER IN THE MANNER AND TIME PROVIDED SHALL  BE  DEEMED
   38  AN ADMISSION OF LIABILITY AND THAT HE OR SHE SHALL BE LIABLE FOR FAILURE
   39  TO RESPOND TO A SUMMONS.
   40    (G)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
   41  SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
   42  THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
   43  BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
   44    (H)  IF AN OWNER RECEIVES A SIMPLIFIED TRAFFIC INFORMATION PURSUANT TO
   45  THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE  WAS  REPORTED
   46  TO  A  LAW ENFORCEMENT AGENCY AS HAVING BEEN STOLEN, IT SHALL BE A VALID
   47  DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (A)
   48  OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSUANT TO  THIS
   49  SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR
   50  TO  THE  TIME  THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH
   51  TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION
   52  IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
   53  STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL  TO  THE  TRAFFIC  VIOLATIONS
   54  BUREAU, COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
   55    (I)  AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A SIMPLIFIED TRAF-
   56  FIC INFORMATION WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT BE  LIABLE
       A. 1520                             4

    1  FOR  THE VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-
    2  FOUR OF THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT  HAVING
    3  JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT
    4  COVERING  SUCH  VEHICLE  ON THE DATE OF THE VIOLATION, WITH THE NAME AND
    5  ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN  THIRTY-SEVEN  DAYS  AFTER
    6  RECEIVING  NOTICE FROM THE COURT OF THE DATE AND TIME OF SUCH VIOLATION,
    7  TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL SIMPLIFIED
    8  TRAFFIC INFORMATION.  FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIR-
    9  TY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR  THE  PENALTY
   10  PRESCRIBED   BY  THIS  SECTION.  WHERE  THE  LESSOR  COMPLIES  WITH  THE
   11  PROVISIONS OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON  THE  DATE
   12  OF  SUCH  VIOLATION  SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR
   13  PURPOSES OF  THIS  SECTION,  SHALL  BE  SUBJECT  TO  LIABILITY  FOR  THE
   14  VIOLATION  OF  SUBDIVISION (A) OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF
   15  THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL  BE  SENT  A  SIMPLIFIED
   16  TRAFFIC INFORMATION PURSUANT TO THIS SECTION.
   17    (J)  IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (A) OF SECTION
   18  ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE PURSUANT TO THIS SECTION WAS
   19  NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE  OWNER
   20  MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   21    (K)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
   22  OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (A)  OF
   23  SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
   24    (L)  THE  SCHOOL BUS SAFETY CAMERAS INSTALLED AND OPERATED PURSUANT TO
   25  THIS SECTION SHALL BE USED SOLELY  FOR  THE  PURPOSES  OF  CARRYING  OUT
   26  PHOTO-MONITORING  OF  VIOLATIONS  OF  SUBDIVISION  (A) OF SECTION ELEVEN
   27  HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
   28    S 4. Section 3621 of the education law is  amended  by  adding  a  new
   29  subdivision 16 to read as follows:
   30    16.  "SCHOOL BUS SAFETY CAMERA" SHALL MEAN AN AUTOMATED PHOTO MONITOR-
   31  ING DEVICE AUTHORIZED TO BE INSTALLED  AND  OPERATED  IN  A  SCHOOL  BUS
   32  PURSUANT TO SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAF-
   33  FIC LAW.
   34    S  5.  Paragraph c of subdivision 2 of section 3623-a of the education
   35  law, as amended by chapter 453 of the laws of 2005, is amended  to  read
   36  as follows:
   37    c.  The purchase of equipment deemed a proper school district expense,
   38  including: (i) the purchase of two-way radios to be used on old and  new
   39  school  buses, (ii) the purchase of stop-arms, to be used on old and new
   40  school buses, (iii) the purchase and installation of seat  safety  belts
   41  on  school buses in accordance with the provisions of section thirty-six
   42  hundred thirty-five-a of this article, (iv) the purchase of  school  bus
   43  back  up  beepers,  (v)  the purchase of school bus front crossing arms,
   44  (vi) the purchase  of  school  bus  safety  sensor  devices,  (vii)  the
   45  purchase  and  installation  of  exterior  reflective  marking on school
   46  buses, (viii)  the  purchase  of  automatic  engine  fire  extinguishing
   47  systems  for school buses used to transport students who use wheelchairs
   48  or other assistive mobility devices, (IX) THE  PURCHASE  OF  SCHOOL  BUS
   49  SAFETY  CAMERAS,  and  [(ix)]  (X)  the  purchase  of other equipment as
   50  prescribed in the regulations of the commissioner; and
   51    S 6. Subdivision 3 and paragraph a of subdivision 4 of section 227  of
   52  the  vehicle and traffic law, subdivision 3 as amended by chapter 337 of
   53  the laws of 1970 and renumbered by chapter 288 of the laws of  1989  and
   54  paragraph  a of subdivision 4 as amended by section 7 of part J of chap-
   55  ter 62 of the laws of 2003, are amended to read as follows:
       A. 1520                             5

    1    3. After due consideration of the evidence and arguments offered in  a
    2  contested  case, the hearing officer shall determine whether the charges
    3  have been established. IN THE CASE OF AN OWNER CHARGED AS SUCH  PURSUANT
    4  TO  THIS  ARTICLE,  IT SHALL BE A COMPLETE DEFENSE TO SUCH CHARGE THAT A
    5  VEHICLE  ALLEGED  TO BE IN VIOLATION WAS OPERATED WITHOUT THE PERMISSION
    6  OF SUCH OWNER OR HIS OR HER AGENT  AND  THE  ESTABLISHMENT  OF  LACK  OF
    7  PERMISSION  SHALL RESULT IN AN ORDER DISMISSING SUCH CHARGE AGAINST SUCH
    8  OWNER.  Where the charges have not been established, an order dismissing
    9  the charges shall be entered.   Where a determination  is  made  that  a
   10  charge  has been established, either in a contested case or in an uncon-
   11  tested case where there is an appearance before a hearing officer, or if
   12  an answer admitting the charge otherwise has been received, an appropri-
   13  ate order shall be entered in the department's records.
   14    a. An order entered upon the failure to answer or appear or after  the
   15  receipt  of  an  answer admitting the charge or where a determination is
   16  made that the charge has been established shall be civil in nature,  but
   17  shall  be  treated as a conviction for the purposes of this chapter. The
   18  commissioner or his OR HER designee may include in such order an imposi-
   19  tion of any penalty authorized by any provision of this  chapter  for  a
   20  conviction  of such violation, except that no penalty [therefore] THERE-
   21  FOR shall include imprisonment, nor, if monetary, exceed the  amount  of
   22  the  fine  which  could have been imposed had the charge been heard by a
   23  court. The driver's license or privileges, or, if the charge involves  a
   24  violation  of  section three hundred eighty-five or section four hundred
   25  one of this chapter by a registrant who was  not  the  operator  of  the
   26  vehicle,  the  registration of such vehicle or privilege of operation of
   27  any motor vehicle owned by such registrant may be suspended pending  the
   28  payment  of  any  penalty  so  imposed; HOWEVER, IN THE CASE OF AN OWNER
   29  CHARGED AS SUCH PURSUANT TO THIS ARTICLE, HIS OR HER DRIVER'S LICENSE OR
   30  PRIVILEGE SHALL NOT BE AFFECTED BY SUCH  ORDER  OR  DETERMINATION  OTHER
   31  THAN  AS SUSPENSION THEREOF FOR FAILURE TO APPEAR OR PAY AS SET FORTH IN
   32  THIS ARTICLE, NOR SHALL A CONVICTION HEREUNDER OF  SUCH  OWNER  AS  SUCH
   33  RESULT  IN  DEPARTMENTAL  ADMINISTRATIVE  SANCTIONS AFFECTING HIS OR HER
   34  DRIVER'S LICENSE OR PRIVILEGE. Any suspension issued  pursuant  to  this
   35  paragraph  shall  be  subject  to  the  provisions of paragraph (j-1) of
   36  subdivision two of section five hundred three of this chapter.
   37    S 7. Paragraph k of subdivision 3 of section 510 of  the  vehicle  and
   38  traffic  law,  as amended by chapter 124 of the laws of 1992, is amended
   39  and a new paragraph l is added to read as follows:
   40    k. for a period of up to ninety days because of the conviction of  the
   41  holder  of  the offenses of menacing as defined in section 120.15 of the
   42  penal law, where such offense was committed against a  traffic  enforce-
   43  ment agent employed by the city of New York or the city of Buffalo while
   44  such  agent  was  enforcing  or  attempting to enforce the traffic regu-
   45  lations of such city[.];
   46    L. FOR A PERIOD OF UP TO SIXTY DAYS FOR A VIOLATION OF SECTION  ELEVEN
   47  HUNDRED SEVENTY-FOUR OF THIS CHAPTER.
   48    S 8. Section 120.00 of the penal law is amended to read as follows:
   49  S 120.00 Assault in the third degree.
   50    A person is guilty of assault in the third degree when:
   51    1.  With  intent to cause physical injury to another person, he OR SHE
   52  causes such injury to such person or to a third person; or
   53    2. He OR SHE recklessly causes physical injury to another person; or
   54    3. With criminal negligence, he  OR  SHE  causes  physical  injury  to
   55  another person by means of a deadly weapon or a dangerous instrument[.];
   56  OR
       A. 1520                             6

    1    4.  HE OR SHE CAUSES PHYSICAL INJURY TO ANOTHER PERSON WHILE OPERATING
    2  A MOTOR VEHICLE IN  VIOLATION  OF  SUBDIVISION  (A)  OF  SECTION  ELEVEN
    3  HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
    4    Assault in the third degree is a class A misdemeanor.
    5    S 9. Section 125.10 of the penal law is amended to read as follows:
    6  S 125.10 Criminally negligent homicide.
    7    A person is guilty of criminally negligent homicide when[, with]:
    8    1.  WITH  criminal  negligence,  he OR SHE causes the death of another
    9  person[.]; OR
   10    2. HE OR SHE CAUSES THE DEATH OF  ANOTHER  PERSON  WHILE  OPERATING  A
   11  MOTOR  VEHICLE IN VIOLATION OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
   12  SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
   13    Criminally negligent homicide is a class E felony.
   14    S 10. The vehicle and traffic law is amended by adding a  new  section
   15  223-a to read as follows:
   16    S  223-A. SCHOOL BUS SAFETY EDUCATION PROGRAM. THE COMMISSIONER SHALL,
   17  IN CONJUNCTION WITH THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, THE DEPART-
   18  MENTS OF EDUCATION AND TRANSPORTATION, THE DIVISION OF STATE POLICE, AND
   19  THE STATE COMPREHENSIVE  SCHOOL  BUS  DRIVER  SAFETY  TRAINING  COUNCIL,
   20  DESIGN  AND  IMPLEMENT  A  PUBLIC EDUCATION PROGRAM TO EDUCATE MOTORISTS
   21  UPON THE DANGERS OF PASSING OR OVERTAKING A SCHOOL BUS IN  VIOLATION  OF
   22  SECTION  ELEVEN  HUNDRED  SEVENTY-FOUR  OF  THIS  CHAPTER, TO REDUCE THE
   23  NUMBER OF SUCH INCIDENTS, AND TO PROMOTE SCHOOL BUS SAFETY.
   24    S 11. This act shall  take  effect  on  the  first  of  November  next
   25  succeeding  the  date  on  which it shall have become a law; except that
   26  sections four, five and ten of this act shall take effect on  the  first
   27  of April next succeeding the effective date of this act.
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