Bill Text: NY S00399 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts Clarente's Law, imposing a mandatory surcharge and crime victim assistance fee for a moving violation occurring within a school traffic safety and speed zone.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-11 - PRINT NUMBER 399A [S00399 Detail]
Download: New_York-2013-S00399-Introduced.html
Bill Title: Enacts Clarente's Law, imposing a mandatory surcharge and crime victim assistance fee for a moving violation occurring within a school traffic safety and speed zone.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-11 - PRINT NUMBER 399A [S00399 Detail]
Download: New_York-2013-S00399-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
399
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. DILAN -- 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, in relation to surcharges
for moving violations in school traffic safety and speed zones
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as "Clarente's
2 Law".
3 S 2. Subdivision 1 of section 1809 of the vehicle and traffic law, as
4 amended by section 2 of part DD of chapter 56 of the laws of 2008, the
5 opening paragraph and paragraph (c) as amended by section 10 of part II
6 of chapter 59 of the laws of 2010, is amended to read as follows:
7 1. Whenever proceedings in an administrative tribunal or a court of
8 this state result in a conviction for an offense under this chapter or a
9 traffic infraction under this chapter, or a local law, ordinance, rule
10 or regulation adopted pursuant to this chapter, other than a traffic
11 infraction involving standing, stopping, or parking or violations by
12 pedestrians or bicyclists, or other than an adjudication of liability of
13 an owner for a violation of subdivision (d) of section eleven hundred
14 eleven of this chapter in accordance with section eleven hundred
15 eleven-a of this chapter, or other than an adjudication of liability of
16 an owner for a violation of subdivision (d) of section eleven hundred
17 eleven of this chapter in accordance with section eleven hundred
18 eleven-b of this chapter, or other than an adjudication in accordance
19 with section eleven hundred eleven-c of this chapter for a violation of
20 a bus lane restriction as defined in such section, there shall be levied
21 a crime victim assistance fee and a mandatory surcharge, in addition to
22 any sentence required or permitted by law, in accordance with the
23 following schedule:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00108-01-3
S. 399 2
1 (a) Whenever proceedings in an administrative tribunal or a court of
2 this state result in a conviction for a traffic infraction pursuant to
3 article nine of this chapter, there shall be levied a crime victim
4 assistance fee in the amount of five dollars and a mandatory surcharge,
5 in addition to any sentence required or permitted by law, in the amount
6 of twenty-five dollars.
7 (b) Whenever proceedings in an administrative tribunal or a court of
8 this state result in a conviction for a misdemeanor or felony pursuant
9 to section eleven hundred ninety-two of this chapter, there shall be
10 levied, in addition to any sentence required or permitted by law, a
11 crime victim assistance fee in the amount of twenty-five dollars and a
12 mandatory surcharge in accordance with the following schedule:
13 (i) a person convicted of a felony shall pay a mandatory surcharge of
14 three hundred dollars;
15 (ii) a person convicted of a misdemeanor shall pay a mandatory
16 surcharge of one hundred seventy-five dollars.
17 (c) Whenever proceedings in an administrative tribunal or a court of
18 this state result in a conviction for an offense under this chapter
19 other than a crime pursuant to section eleven hundred ninety-two of this
20 chapter, or a traffic infraction under this chapter, or a local law,
21 ordinance, rule or regulation adopted pursuant to this chapter, other
22 than a traffic infraction involving standing, stopping, or parking or
23 violations by pedestrians or bicyclists, or other than an adjudication
24 of liability of an owner for a violation of subdivision (d) of section
25 eleven hundred eleven of this chapter in accordance with section eleven
26 hundred eleven-a of this chapter, or other than an adjudication of
27 liability of an owner for a violation of subdivision (d) of section
28 eleven hundred eleven of this chapter in accordance with section eleven
29 hundred eleven-b of this chapter, or other than an infraction pursuant
30 to article nine of this chapter or other than an adjudication of liabil-
31 ity of an owner for a violation of toll collection regulations pursuant
32 to section two thousand nine hundred eighty-five of the public authori-
33 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
34 hundred seventy-four of the laws of nineteen hundred fifty or other than
35 an adjudication in accordance with section eleven hundred eleven-c of
36 this chapter for a violation of a bus lane restriction as defined in
37 such section, OR OTHER THAN A CONVICTION FOR WHICH A MANDATORY SURCHARGE
38 AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED PURSUANT TO PARAGRAPH (D) OF
39 THIS SUBDIVISION, there shall be levied a crime victim assistance fee in
40 the amount of five dollars and a mandatory surcharge, in addition to any
41 sentence required or permitted by law, in the amount of fifty-five
42 dollars.
43 (D)(I) WHENEVER:
44 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
45 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A
46 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
47 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI-
48 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
49 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
50 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
51 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
52 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE
53 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE
54 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR
55 PERMITTED BY LAW.
S. 399 3
1 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
2 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
3 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
4 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
5 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
6 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
7 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
8 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED
9 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A,
10 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
11 LAWS OF NINETEEN HUNDRED FIFTY.
12 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
13 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
14 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING,
15 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
16 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
17 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY,
18 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
19 TER.
20 S 3. Subdivision 1 of section 1809 of the vehicle and traffic law, as
21 amended by section 10-a of part II of chapter 59 of the laws of 2010, is
22 amended to read as follows:
23 1. (A) Whenever proceedings in an administrative tribunal or a court
24 of this state result in a conviction for a crime under this chapter or a
25 traffic infraction under this chapter, or a local law, ordinance, rule
26 or regulation adopted pursuant to this chapter, other than a traffic
27 infraction involving standing, stopping, parking or motor vehicle equip-
28 ment or violations by pedestrians or bicyclists, or other than an adju-
29 dication of liability of an owner for a violation of subdivision (d) of
30 section eleven hundred eleven of this chapter in accordance with section
31 eleven hundred eleven-a of this chapter, OR OTHER THAN A CONVICTION FOR
32 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED
33 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi-
34 cation of liability of an owner for a violation of subdivision (d) of
35 section eleven hundred eleven of this chapter in accordance with section
36 eleven hundred eleven-b of this chapter, or other than an adjudication
37 in accordance with section eleven hundred eleven-c of this chapter for a
38 violation of a bus lane restriction as defined in such section, there
39 shall be levied a mandatory surcharge, in addition to any sentence
40 required or permitted by law, in the amount of twenty-five dollars.
41 (B)(I) WHENEVER:
42 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
43 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A
44 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
45 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI-
46 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
47 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
48 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
49 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
50 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE
51 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE
52 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR
53 PERMITTED BY LAW.
54 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
55 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
56 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
S. 399 4
1 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
2 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
3 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
4 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
5 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED
6 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A,
7 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
8 LAWS OF NINETEEN HUNDRED FIFTY.
9 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
10 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
11 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING,
12 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
13 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
14 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY,
15 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
16 TER.
17 S 4. Subdivision 1 of section 1809 of the vehicle and traffic law, as
18 amended by section 10-b of part II of chapter 59 of the laws of 2010, is
19 amended to read as follows:
20 1. (A) Whenever proceedings in an administrative tribunal or a court
21 of this state result in a conviction for a crime under this chapter or a
22 traffic infraction under this chapter other than a traffic infraction
23 involving standing, stopping, parking or motor vehicle equipment or
24 violations by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR
25 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED
26 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi-
27 cation in accordance with section eleven hundred eleven-c of this chap-
28 ter for a violation of a bus lane restriction as defined in such
29 section, there shall be levied a mandatory surcharge, in addition to any
30 sentence required or permitted by law, in the amount of seventeen
31 dollars.
32 (B)(I) WHENEVER:
33 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
34 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A
35 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
36 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI-
37 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
38 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
39 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
40 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
41 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE
42 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE
43 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR
44 PERMITTED BY LAW.
45 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
46 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
47 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
48 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
49 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
50 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
51 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
52 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED
53 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A,
54 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
55 LAWS OF NINETEEN HUNDRED FIFTY.
S. 399 5
1 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
2 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
3 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING,
4 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
5 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
6 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY,
7 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
8 TER.
9 S 5. Subdivision 1 of section 1809 of the vehicle and traffic law, as
10 separately amended by chapter 16 of the laws of 1983 and chapter 62 of
11 the laws of 1989, is amended to read as follows:
12 1. (A) Whenever proceedings in an administrative tribunal or a court
13 of this state result in a conviction for a crime under this chapter or a
14 traffic infraction under this chapter other than a traffic infraction
15 involving standing, stopping, parking or motor vehicle equipment or
16 violations by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR
17 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED
18 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, there shall be levied a
19 mandatory surcharge, in addition to any sentence required or permitted
20 by law, in the amount of seventeen dollars.
21 (B)(I) WHENEVER:
22 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
23 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A
24 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
25 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI-
26 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
27 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
28 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
29 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
30 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE
31 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE
32 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR
33 PERMITTED BY LAW.
34 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
35 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
36 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
37 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
38 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
39 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
40 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
41 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED
42 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A,
43 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
44 LAWS OF NINETEEN HUNDRED FIFTY.
45 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
46 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
47 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING,
48 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
49 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
50 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY,
51 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
52 TER.
53 S 6. This act shall take effect on the first of November next succeed-
54 ing the date on which it shall have become a law and shall apply to
55 violations occurring on and after such effective date; provided that:
S. 399 6
1 a. the amendments to subdivision 1 of section 1809 of the vehicle and
2 traffic law made by section two of this act shall be subject to the
3 expiration of such subdivision when upon such date the provisions of
4 section three of this act shall take effect;
5 b. the amendments to subdivision 1 of section 1809 of the vehicle and
6 traffic law made by section three of this act shall be subject to the
7 expiration of such subdivision when upon such date the provisions of
8 section four of this act shall take effect; and
9 c. the amendments to subdivision 1 of section 1809 of the vehicle and
10 traffic law made by section four of this act shall be subject to the
11 expiration of such subdivision when upon such date the provisions of
12 section five of this act shall take effect.
