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A7036Assembly2019-2020 SessionSame asS3560

Tougher School Bus Penalties

Official title

“Increases penalties for violation of overtaking and passing a school bus and creates the crime of vehicular homicide in the third degree”

Sponsor Michael CusickAD-63+4 co-sponsorsAffects Transportation
Status
In Assembly Committee
Transportation
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill increases penalties for illegally passing a school bus and creates a new felony for causing a child's death while doing so.

Why it matters

  1. Substantially increases the fines and maximum jail time for repeat offenders. who illegally pass a stopped school bus, signaling a stronger deterrent against a behavior that endangers children.

  2. Creates a new, specific felony charge—vehicular manslaughter in the third degree. for drivers who illegally pass a school bus and cause the death of a child age 15 or younger, ensuring harsher criminal consequences in the most tragic cases.

  3. Mandates a new license suspension penalty. (up to 60 days) for those convicted of illegally passing a school bus, adding a direct impact on driving privileges beyond fines and jail time.

  4. Signals to drivers and the public that child safety around school buses is a legislative priority. , potentially raising awareness and encouraging more cautious driving near school buses.

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Who cares

  • Drivers who illegally pass school buses

    The bill would allow license suspension for up to 60 days and raise the maximum penalties for a third or subsequent violation within three years to a $2,000 fine and one year in jail.

  • Children ages 15 and younger and their families

    The bill would create third-degree vehicular manslaughter, a class E felony, for illegally passing a school bus and causing the death of a child in this age group.

  • Prosecutors

    The bill would provide a new felony charge for fatal school-bus passing violations involving children ages 15 and younger.

Headline styles

Tougher School Bus Penalties

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Michael Cusick

Assembly Member · Assembly District 63

History

  1. Referred to transportation
  2. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3560Senate

Tougher Penalties for Passing Buses

In Senate Committee · Transportation · Sponsor Timothy M. Kennedy

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7036

2019-2020 Regular Sessions

IN ASSEMBLY

April 3, 2019

Introduced by M. of A. CUSICK, ENGLEBRIGHT, LUPARDO, CROUCH, LIFTON -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 penalties for violation of overtaking and passing a school bus and creating the crime of vehicular homicide in the third degree

The People of the State of New York, represented in Senate and Assembly, 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: for a first conviction thereof, be punished by a fine of not less than two hundred fifty dollars nor more than four hundred dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment; 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 nor more than seven hundred fifty dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment; 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 dollars nor more than [one] two thousand dollars or by imprisonment for not more than [one hundred eighty days] one year or by both such fine and imprisonment.

§ 2. Paragraph k of subdivision 3 of section 510 of the vehicle and traffic law, as amended by chapter 124 of the laws of 1992, is amended and a new paragraph l is added to read as follows:

k. for a period of up to ninety days because of the conviction of the holder of the offenses of menacing as defined in section 120.15 of the penal law, where such offense was committed against a traffic enforce-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00234-01-9

A. 7036 2

ment agent employed by the city of New York or the city of Buffalo while such agent was enforcing or attempting to enforce the traffic regulations of such city[.];

l. for a period of up to sixty days for a violation of section eleven hundred seventy-four of this chapter.

§ 3. The penal law is amended by adding a new section 125.11-a to read as follows: § 125.11-a Vehicular manslaughter in the third degree.

A person is guilty of vehicular manslaughter in the third degree when he or she violates subdivision (a) of section eleven hundred seventyfour of the vehicle and traffic law and causes the death of a child who is fifteen years of age or less.

Vehicular manslaughter in the third degree is a class E felony.

§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.