S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 25, 2011
Introduced by Sen. GIANARIS -- 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 interference
with a funeral procession
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1132 to read as follows:
S 1132. INTERFERENCE WITH A FUNERAL PROCESSION. (A) THE DRIVER OF A
MOTOR VEHICLE SHALL NOT ENTER, DRIVE BETWEEN, OBSTRUCT, HINDER OR IN ANY
WAY INTERFERE WITH THE VEHICLES CONSTITUTING A FUNERAL PROCESSION WHILE
SUCH VEHICLES ARE IN MOTION UNLESS SUCH MOTOR VEHICLE IS PART OF SUCH
PROCESSION, EXCEPT WHEN AUTHORIZED TO DO SO BY A POLICE OFFICER OR WHEN
SUCH MOTOR VEHICLE IS AN AUTHORIZED EMERGENCY VEHICLE EXHIBITING A VISI-
BLE SIGNAL AND SOUNDING AN AUDIBLE SIGNAL.
(B) ANY PERSON OPERATING A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION
(A) OF THIS SECTION SHALL BE GUILTY OF A TRAFFIC INFRACTION AND SUBJECT
TO A FINE OF NOT MORE THAN FIFTY DOLLARS. THE COMMISSIONER SHALL NOT
ASSESS ANY POINTS AGAINST THE LICENSE OF A PERSON FOUND TO HAVE VIOLATED
THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION.
(C) NO PROVISION OF THIS SECTION SHALL BE DEEMED TO IMPOSE ANY LIABIL-
ITY FOR PERSONAL INJURY OR DAMAGES RESULTING FROM A VIOLATION OF THIS
SECTION UPON A FUNERAL FIRM OR ANY PERSON LICENSED OR REGISTERED PURSU-
ANT TO ARTICLE THIRTY-FOUR OF THE PUBLIC HEALTH LAW, OR ANY EMPLOYEE OR
AGENT THEREOF, WHEN SUCH FIRM, PERSON, EMPLOYEE OR AGENT IS ACTING WITH-
IN THE SCOPE OF HIS, HER OR ITS DUTIES. NOR SHALL ANY PROVISION OF THIS
SECTION BE DEEMED TO LIMIT THE LIABILITY OF ANY FUNERAL FIRM OR ANY
PERSON LICENSED OR REGISTERED PURSUANT TO ARTICLE THIRTY-FOUR OF THE
PUBLIC HEALTH LAW, OR ANY EMPLOYEE OR AGENT THEREOF, PURSUANT TO ANY
OTHER PROVISION OF LAW OR AT EQUITY.
S 2. This act shall take effect on the first of September next
succeeding 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.