A04011 Summary:

BILL NOA04011
 
SAME ASNo same as
 
SPONSORGabryszak
 
COSPNSR
 
MLTSPNSR
 
Amd S1174, V & T L; amd SS120.04-a & 125.10, Pen L
 
Increases fines and penalties for passing a stopped school bus.
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A04011 Actions:

BILL NOA04011
 
01/30/2013referred to transportation
01/08/2014referred to transportation
01/15/2014enacting clause stricken
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A04011 Floor Votes:

There are no votes for this bill in this legislative session.
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A04011 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4011
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred 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:
 
     1    Section  1. Subdivision (c) of section 1174 of the vehicle and traffic
     2  law, as amended by chapter 254 of the laws of 2002, is amended  to  read
     3  as follows:
     4    (c)  Every  person convicted of a violation of subdivision (a) of this
     5  section shall be subject to the following fines and penalties:
     6    (i) for a first conviction thereof, be punished by a fine of not  less
     7  than  [two  hundred  fifty]  four  hundred  dollars  nor more than [four
     8  hundred] seven hundred fifty dollars or by  imprisonment  for  not  more
     9  than thirty days or by both such fine and imprisonment;
    10    (ii)  for  a  conviction  of  a  second  violation, both of which were
    11  committed within a period of three years, such person shall be  punished

    12  by  a fine of not less than [six hundred dollars] nine hundred fifty nor
    13  more than [seven hundred fifty] one thousand one hundred  fifty  dollars
    14  or  by imprisonment for not more than one hundred eighty days or by both
    15  such fine and imprisonment;
    16    (iii) upon a conviction of a third or  subsequent  violation,  all  of
    17  which  were  committed within a period of three years, such person shall
    18  be punished by a fine of not less than [seven hundred fifty]  one  thou-
    19  sand one hundred fifty dollars nor more than [one thousand] one thousand
    20  five  hundred  dollars  or by imprisonment for not more than one hundred
    21  eighty days or by both such fine and imprisonment.
    22    § 2. Subdivision 6 of section 120.04-a of the penal law, as  added  by

    23  chapter  496  of the laws of 2009, is amended and a new subdivision 7 is
    24  added to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02093-01-3

        A. 4011                             2
 
     1    (6) commits such crime while operating a motor vehicle while  a  child
     2  who is fifteen years of age or less is a passenger in such motor vehicle
     3  and causes serious physical injury to such child[.]; or
     4    (7)  violates  any  provision  of  subdivision  (a)  of section eleven
     5  hundred seventy-four of the vehicle and traffic law and in  the  commis-
     6  sion of such offense causes injury to a person.

     7    § 3. Section 125.10 of the penal law is amended to read as follows:
     8  § 125.10 Criminally negligent homicide.
     9    A person is guilty of criminally negligent homicide when[, with]:
    10    1.  With  criminal  negligence,  he or she causes the death of another
    11  person[.]; or
    12    2. He or she causes the death of  another  person  while  operating  a
    13  motor  vehicle in violation of subdivision (a) of section eleven hundred
    14  seventy-four of the vehicle and traffic law.
    15    Criminally negligent homicide is a class E felony.
    16    § 4. This act shall take effect immediately.
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