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S3560Senate2019-2020 SessionSame asA7036

Tougher Penalties for Passing Buses

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 Timothy M. KennedySD-63Affects Transportation
Status
In Senate Committee
Transportation
Impact
6/10
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 when doing so.

Why it matters

  1. Raises the stakes for repeat offenders. By doubling the maximum fine and increasing possible jail time to a full year for a third or subsequent illegal passing offense, the bill signals a much tougher approach, aiming to deter habitual violators and enhance child safety.

  2. Mandatory license suspension threat. Drivers convicted of illegally passing a school bus can now also face a license suspension of up to 60 days, making the penalty not just financial or criminal, but also directly impacting everyday mobility.

  3. Creates a new, specific felony. The bill introduces a new Class E felony for causing the death of a child 15 or under while illegally passing a school bus, ensuring that such tragedies are prosecuted more severely and with a clear legal category.

  4. Reflects heightened concern for child safety around schools. By targeting both the act of passing a stopped school bus and the most tragic possible outcomes, the legislation underscores the state’s prioritization of student protection and may prompt broader public awareness and caution.

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Who cares

Headline styles

Tougher Penalties for Passing Buses

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

Sponsors

Primary sponsor
Timothy M. Kennedy

Senator · Senate District 63

Chair, Transportation

No co-sponsors yet.

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.

A7036Assembly

Tougher School Bus Penalties

In Assembly Committee · Transportation · Sponsor Michael Cusick

Impact 5 · Moderate0% to pass

Full text

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

STATE OF NEW YORK

3560

2019-2020 Regular Sessions

IN SENATE

February 8, 2019

Introduced by Sen. KENNEDY -- 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 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

S. 3560 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.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law and the penal law, in relation to increasing penalties for violation of overtak- ing and passing a school bus and creating the crime of vehicular homi- cide in the third degree

Purpose or general idea of bill

To increase various penalties for individuals who pass a stopped school bus.

Summary of specific provisions

Section 1 increases the minimum punishment for passing a school bus 3 times within 3 years. Specifically the bill raises the maximum fine to $2,000 and the maximum length of imprisonment to one year.

Section 2 allows a judge to revoke an individual's license for a period of up to sixty days when such individual passes a stopped school bus.

Section 3 deems it Vehicular manslaughter in the third degree (E Felony) when an individual passes a stopped school bus and causes the death of a child who is fifteen years of age or less.

Section 4 is the effective date.

Justification

Individuals who pass a stopped school bus pose a serious threat to our school aged children. School buses are equipped with numerous devices making it clear that children are either embarking or disembarking. Increasing certain penalties as it pertains to passing a stopped school bus brings greater attention to the seriousness of these infractions.

Prior legislative history

2010: S.6818 - Died in Codes/A.250 2011: A.250 - Referred to Transportation 2012: S.6937/A.250 - Referred to Transportation 2013: S.374/A.519 - Referred to Transportation 2015-16: S770 Passed Senate/A7126 Referred to Transportation 2017-18: S.1843 Passed Senate/A.3581 Referred to Transportation

Fiscal implications

None.

Effective date

This act shall take effect November 1 next succeeding date which it shall have become law.

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