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S05733 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5733
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     April 27, 2017
                                       ___________
 
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to  the  crime  of  vehicular
          assault in the third degree
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The penal law is amended by adding a new  section  120.02-a
     2  to read as follows:
     3  § 120.02-a Vehicular assault in the third degree.
     4    A person is guilty of vehicular assault in the third degree when, with
     5  criminal negligence and as a result of such negligence, he or she causes
     6  physical  injury to another person while unlawfully overtaking and pass-
     7  ing a school bus in violation of section eleven hundred seventy-four  of
     8  the vehicle and traffic law.
     9    Vehicular assault in the third degree is a class A misdemeanor.
    10    § 2. Section 120.03 of the penal law is amended by adding a new subdi-
    11  vision 1-a to read as follows:
    12    (1-a) causes such serious physical injury to another person when, with
    13  criminal negligence and as a result of such negligence, he or she unlaw-
    14  fully  overtakes  and passes a school bus in violation of section eleven
    15  hundred seventy-four of the vehicle and traffic law, or
    16    § 3. Section 125.12 of the penal law is amended by adding a new subdi-
    17  vision 1-a to read as follows:
    18    (1-a) causes the death of such person when, with  criminal  negligence
    19  and  as  a result of such negligence, he or she unlawfully overtakes and
    20  passes a school bus in violation of section eleven hundred  seventy-four
    21  of the vehicle and traffic law, or
    22    § 4. This act shall take effect on the first of November next succeed-
    23  ing the date on which it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07856-01-7
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