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.