Bill Text: NY A04412 | 2019-2020 | General Assembly | Introduced

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Bill Title: Criminalizes the operation of a school bus by a person having any amount of alcohol in his or her blood and provides sanctions for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A04412 Detail]

Download: New_York-2019-A04412-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4412
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  criminaliz-
          ing  the  operation  of  a school bus by a person having any amount of
          alcohol in his or her blood and providing sanctions for violations
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 1192 of the vehicle and traffic law is amended by
     2  adding a new subdivision 6-a to read as follows:
     3    6-a. School buses: per se. Notwithstanding the provisions  of  section
     4  eleven  hundred  ninety-five  of this article, no person shall operate a
     5  school bus while such person has any amount of alcohol in  the  person's
     6  blood  as  shown  by  chemical  analysis of such person's blood, breath,
     7  urine or saliva, made pursuant  to  the  provisions  of  section  eleven
     8  hundred ninety-four of this article.
     9    §  2.  Subparagraph 4-a of paragraph (d) of subdivision 1 and subpara-
    10  graph 4-a of paragraph (b) of subdivision 2 of section 1193 of the vehi-
    11  cle and traffic law, subparagraph 4-a of paragraph (d) of subdivision  1
    12  as  amended  by  chapter 732 of the laws of 2006 and subparagraph 4-a of
    13  paragraph (b) of subdivision 2 as added by chapter 26  of  the  laws  of
    14  1996, are amended to read as follows:
    15    (4-a) A violation of subdivision [two, three, four or four-a] six-a of
    16  section  eleven  hundred ninety-two of this article wherein the violator
    17  is operating a school bus as defined in section one hundred forty-two of
    18  this chapter and such school  bus  is  carrying  at  least  one  student
    19  passenger  shall  be  a  class E felony punishable by a fine of not less
    20  than one thousand dollars nor more than five thousand dollars, or  by  a
    21  period  of  imprisonment  as  provided in the penal law, or by both such
    22  fine and imprisonment. [A violation  of  subdivision  two-a  of  section
    23  eleven  hundred ninety-two of this article wherein the violator is oper-
    24  ating a school bus as defined in section one hundred forty-two  of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04970-01-9
        A. 4412                             2

     1  chapter  and  such school bus is carrying at least one student passenger
     2  shall be a class D felony punishable by a fine  of  not  less  than  two
     3  thousand  dollars  nor more than ten thousand dollars, or by a period of
     4  imprisonment  as  provided  in  the  penal law, or by both such fine and
     5  imprisonment.]
     6    (4-a) School buses. (A) [One year, where the holder is convicted of  a
     7  violation  of  any  subdivision  of section eleven hundred ninety-two of
     8  this article, such violation was committed while the holder was  driving
     9  a  school bus, and the holder is sentenced pursuant to subparagraph one,
    10  one-a or four-a of paragraph (d) of subdivision one of this section.
    11    (B)] Three years where the holder is convicted of a violation  of  any
    12  subdivision  of  section eleven hundred ninety-two of this article, such
    13  violation was committed while the holder was driving a school  bus,  and
    14  the  holder  is sentenced pursuant to subparagraph four of paragraph (d)
    15  of subdivision one of this section.
    16    [(C)] (B) Notwithstanding the provisions of the opening  paragraph  of
    17  this paragraph [(b)], the commissioner shall not revoke the registration
    18  of a school bus driven in violation of section eleven hundred ninety-two
    19  of this article.
    20    §  3.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law.