Bill Text: NY A05430 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to improving school bus safety by providing for the disqualification of drivers for certain crimes involving children.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to transportation [A05430 Detail]
Download: New_York-2013-A05430-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5430 2013-2014 Regular Sessions I N A S S E M B L Y February 26, 2013 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the education law, in relation to school bus safety 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: for a first conviction thereof, be punished by a fine of 6 not less than two hundred fifty dollars nor more than four hundred 7 dollars or by imprisonment for not more than thirty days or by both such 8 fine and imprisonment; for a conviction of a second violation, both of 9 which were committed within a period of three years, [such person shall 10 be punished by a fine of not less than six hundred dollars nor more than 11 seven hundred fifty dollars or by imprisonment for not more than one 12 hundred eighty days or by both such fine and imprisonment] SHALL CONSTI- 13 TUTE A CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN FIVE 14 HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS, IN ADDITION TO ANY 15 OTHER PENALTIES PROVIDED BY LAW; upon a conviction of a third or subse- 16 quent violation, all of which were committed within a period of three 17 years, [such person shall be punished by a fine of not less than seven 18 hundred fifty dollars nor more than one thousand dollars or by imprison- 19 ment for not more than one hundred eighty days or by both such fine and 20 imprisonment] SUCH PERSON SHALL BE GUILTY OF A CLASS E FELONY PUNISHABLE 21 BY A FINE OF NOT LESS THAN ONE THOUSAND NOR MORE THAN TWO THOUSAND FIVE 22 HUNDRED DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. ANY 23 VIOLATION OF SUBDIVISION (A) OF THIS SECTION THAT RESULTS IN SERIOUS 24 PHYSICAL INJURY OR DEATH SHALL CONSTITUTE A CLASS E FELONY, PUNISHABLE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09267-01-3 A. 5430 2 1 BY A FINE OF NOT LESS THAN ONE THOUSAND NOR MORE THAN FIVE THOUSAND 2 DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. 3 S 2. Subdivision 4 of section 509-cc of the vehicle and traffic law, 4 as amended by chapter 400 of the laws of 2011, is amended to read as 5 follows: 6 (4) (a) The offenses referred to in subparagraph (ii) of paragraph (a) 7 of subdivision one and paragraph (a) of subdivision two of this section 8 that result in permanent disqualification shall include a conviction 9 under sections 120.02, 120.12, 125.12, 125.13, 125.14, 125.15, 125.20, 10 125.21, 125.22, 125.25, 125.26, 125.27, 130.20, 130.25, 130.30, 130.35, 11 130.45, 130.50, 130.52, 130.53, 130.60, 130.65, 130.66, 130.67, 130.70, 12 130.75, 130.80, 130.85, 130.90, 130.95, 130.96, 135.25, 150.20, 230.25, 13 230.30, 230.32, 230.34, 230.40, 235.21, 235.22, 260.20, 260.21, 263.05, 14 263.10, 263.11, 263.15, 263.16 of the penal law or an attempt to commit 15 any of the aforesaid offenses under section 110.00 of the penal law, or 16 any offenses committed under a former section of the penal law which 17 would constitute violations of the aforesaid sections of the penal law, 18 or any offenses committed outside this state which would constitute 19 violations of the aforesaid sections of the penal law. 20 (b) The offenses referred to in subparagraph (ii) of paragraph (a) of 21 subdivision one and paragraph (b) of subdivision two of this section 22 that result in permanent disqualification shall include a conviction 23 under sections 100.13, 105.15, 105.17, 115.08, 120.12, 120.70, 125.10, 24 125.11, 130.40, 130.53, [130.60,] 130.65-a, 135.20, 160.15, 220.18, 25 220.21, 220.39, 220.41, 220.43, 220.44, 230.25, 260.00, 265.04 of the 26 penal law or an attempt to commit any of the aforesaid offenses under 27 section 110.00 of the penal law, or any offenses committed under a 28 former section of the penal law which would constitute violations of the 29 aforesaid sections of the penal law, or any offenses committed outside 30 this state which would constitute violations of the aforesaid sections 31 of the penal law. 32 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 33 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 34 of this section that result in disqualification for a period of five 35 years shall include a conviction under sections 100.10, 105.13, 115.05, 36 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.13, 120.14, 120.25, 37 121.12, 121.13, 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 38 135.55, 140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 39 220.06, 220.09, 220.16, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44, 40 220.60, 220.65, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06, 41 [230.20,] 235.05, 235.06, 235.07, [235.21,] 240.06, 240.30, 240.31, 42 245.00, 260.10, [subdivision two of section 260.20] and sections 260.25, 43 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law 44 or an attempt to commit any of the aforesaid offenses under section 45 110.00 of the penal law, or any similar offenses committed under a 46 former section of the penal law, or any offenses committed under a 47 former section of the penal law which would constitute violations of the 48 aforesaid sections of the penal law, or any offenses committed outside 49 this state which would constitute violations of the aforesaid sections 50 of the penal law. 51 S 3. Subdivision 1 of section 2801-a of the education law, as amended 52 by chapter 380 of the laws of 2001, is amended to read as follows: 53 1. The board of education or trustees, as defined in section two of 54 this chapter, of every school district within the state, however 55 created, and every board of cooperative educational services and county 56 vocational education and extension board and the chancellor of the city A. 5430 3 1 school district of the city of New York shall adopt and amend a compre- 2 hensive district-wide school safety plan and building-level school safe- 3 ty plans regarding crisis intervention, emergency response and manage- 4 ment, provided that in the city school district of the city of New York, 5 such plans shall be adopted by the chancellor of the city school 6 district. Such plans shall be developed by a district-wide school safe- 7 ty team and a building-level school safety team established pursuant to 8 subdivision four of this section and shall be in a form developed by the 9 commissioner in consultation with the division of criminal justice 10 services, the superintendent of the state police and any other appropri- 11 ate state agencies. SUCH PLANS SHALL INCLUDE A SPECIFIC DESCRIPTION OF 12 THE DISTRICT'S EMERGENCY RESPONSE PREPAREDNESS PLAN IN THE EVENT THAT A 13 CRISIS OR EMERGENCY ARISES WHEN CHILDREN ARE BEING TRANSPORTED BY A 14 DISTRICT. A school district having only one school building, shall 15 develop a single building-level school safety plan, which shall also 16 fulfill all requirements for development of a district-wide plan. 17 S 4. Paragraph (b) of subdivision 1 of section 509-cc of the vehicle 18 and traffic law, as added by chapter 675 of the laws of 1985, subpara- 19 graph (i) as amended by section 27 of part LL of chapter 56 of the laws 20 of 2010, is amended to read as follows: 21 (b) for a period of [five] TEN years from the date of last conviction 22 specified herein, if that person 23 (i) has been convicted within the preceding [five] TEN years of an 24 offense listed in paragraph (c) of subdivision four of this section that 25 was committed on or after September fifteenth, nineteen hundred eighty- 26 five. However, such disqualification shall be waived provided that the 27 applicant has been granted a certificate of relief from disabilities or 28 a certificate of good conduct pursuant to article twenty-three of the 29 correction law. When the certificate is issued by a court for a 30 conviction which occurred in this state, it shall only be issued by the 31 court having jurisdiction over such conviction. Such certificate shall 32 specifically indicate that the authority granting such certificate has 33 considered the bearing, if any, the criminal offense or offenses for 34 which the person was convicted will have on the applicant's fitness or 35 ability to operate a bus transporting school children, prior to granting 36 such a certificate; 37 (ii) has been convicted of any violation of section eleven hundred 38 ninety-two of this chapter or an offense committed outside this state 39 which would constitute a violation of section eleven hundred ninety-two 40 of this chapter, and the offense was committed while the driver was 41 driving a bus in the employ of a motor carrier or in the furtherance of 42 a commercial enterprise in interstate, intrastate or foreign commerce; 43 (iii) has been twice convicted of a violation of any subdivision of 44 section eleven hundred ninety-two of this chapter or offenses committed 45 outside this state which would constitute a violation of section eleven 46 hundred ninety-two of this chapter, committed within the preceding 47 [five] TEN year period; 48 (iv) has been twice convicted of a violation of any subdivision of 49 section eleven hundred ninety-two of this chapter, or an offense commit- 50 ted outside of this state which would constitute a violation of any 51 subdivision of section one thousand one hundred ninety-two of this chap- 52 ter, committed within any ten year period after September fifteenth, 53 nineteen hundred eighty-five; or 54 (v) has been convicted of leaving the scene of an accident which 55 resulted in personal injury or death under section six hundred of this A. 5430 4 1 chapter or an offense committed outside of this state which would 2 constitute a violation of section six hundred of this chapter. 3 S 5. The opening paragraph and subparagraph (i) of paragraph (c) of 4 subdivision 2 of section 509-cc of the vehicle and traffic law, the 5 opening paragraph as added by chapter 675 of the laws of 1985, subpara- 6 graph (i) as amended by section 28 of part LL of chapter 56 of the laws 7 of 2010, are amended to read as follows: 8 for a period of [five] TEN years from the date of last conviction 9 specified herein, if that person 10 (i) has been convicted within the preceding [five] TEN years of an 11 offense listed in paragraph (c) of subdivision four of this section. 12 [However, notwithstanding the provisions of subdivision three of section 13 seven hundred one of the correction law.] Such disqualification shall be 14 waived provided that the applicant has been granted a certificate of 15 relief from disabilities or a certificate of good conduct pursuant to 16 article twenty-three of the correction law. When the certificate is 17 issued by a court for a conviction which occurred in this state, it 18 shall only be issued by the court having jurisdiction over such 19 conviction. Such certificate shall specifically indicate that the 20 authority granting such certificate has considered the bearing, if any, 21 the criminal offense or offenses for which the person was convicted will 22 have on the applicant's fitness or ability to operate a bus transporting 23 school children, prior to granting such a certificate. 24 S 6. This act shall take effect immediately.