Senate Bill S5567

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2010	reported and committed to codes
Jan 06, 2010	referred to transportation
Jun 15, 2009	print number 5567a
Jun 15, 2009	amend and recommit to codes
Jun 02, 2009	reported and committed to codes
May 18, 2009	referred to transportation

Votes

- Jan 26, 2010 - Transportation Committee Vote
  S5567
  
  Aye
  
  14
  
  Nay
  
  0
  
  Aye with Reservations
  
  5
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Transportation Committee Vote: Jan 26, 2010
      
      aye (14)
      
      Addabbo Jr.
      
      Aubertine
      
      Diaz
      
      Dilan
      
      Foley
      
      Hassell-Thompson
      
      Johnson
      
      Lanza
      
      Libous
      
      Perkins
      
      Savino
      
      Squadron
      
      Stavisky
      
      Valesky
      
      aye wr (5)
      
      Fuschillo
      
      Larkin
      
      Nozzolio
      
      Robach
      
      Young

Bill Amendments

Original

A (Active)

2009-S5567 - Details

Current Committee:: Senate Codes
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1809, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1327
2013-2014: S399

2009-S5567 - Summary

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.

2009-S5567 - Sponsor Memo

                                 BILL NUMBER:  S5567

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to surcharges
for moving violations in school traffic safety and speed zones


 PURPOSE OR GENERAL IDEA OF BILL :
Establishes a mandatory surcharge and crime victim's assessment fee on
certain moving violations committed within School Traffic Safety and
Speed Zones.

 SUMMARY OF SPECIFIC PROVISIONS :
The bill amends the vehicle and traffic law subdivision 1 of section
1809 and establishes a mandatory surcharge of $75.00 and a crime
victims assistance fee of $5.00, in addition to any sentence required
or permitted by law, where certain moving violations occur within
school traffic safety and speed zones as defined (not to exceed a
quarter mile) and referenced therein.

 JUSTIFICATION :
On September 26, 2008, Clerente Turner, a six year old boy, was truck
and killed while waiting to cross the street with his mother on a walk
home from school. The diver of the vehicle responsible for the crash
that ultimately killed Clarente was speeding to try to beat the
traffic light. This accident occurred within blocks of Clarente's

school. The National Highway Traffic Safety Administration (NHTSA)
recently released a report that says that motor vehicle crashes are
the leading cause of death for children ages 3 to 6 and 8 to 14.

The report also says that in 2007, there were a total of 41,059
traffic fatalities in the United States. The 14-and-younger age group
accounted for 4 percent (1,670) of those traffic fatalities. This age
group accounted for 4 percent (1,248) of all vehicle occupant
fatalities, 8 percent (200,000) of all the people injured in motor
vehicle crashes, and 7 percent (174,000) of all the vehicle occupants
injured in crashes.

Young children are especially at risk in school zones due to their
underdeveloped motor skills, coordination, sensory stimulation, and
balance. With the high concentration of children in and around public
schools, our state needs to take necessary steps to deter potential
traffic violations in school safety zones.

Establishing a mandatory surcharge in school safety zones will act as
an effective deterrent of potential traffic violations near schools,
decrease senseless tragedies, and create a safer environment. The
revenue generated will also aid our state in covering the costs of
emergency services, traffic precautions, and any other public services
related to the protection and care of children involved in vehicle
related accidents.

 PRIOR LEGISLATIVE HISTORY :
2005-2006 A.7795-B

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5567 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5567

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 18, 2009
                               ___________

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:

  Section 1. This act shall be known and may  be  cited  as  "Clarente's
Law".
  S 2.  Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended  by  section  2 of part DD of chapter 56 of the laws of 2008, is
amended to read as follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this state result in a conviction for an offense under this chapter or a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic
infraction  involving  standing,  stopping,  or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-a of this chapter, there shall be levied a crime  victim  assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:
  (a)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for a traffic infraction  pursuant  to
article  nine  of  this  chapter,  there  shall be levied a crime victim
assistance fee in the amount of five dollars and a mandatory  surcharge,
in  addition to any sentence required or permitted by law, in the amount
of twenty-five dollars.
  (b) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result in a conviction for a misdemeanor or felony pursuant
to section eleven hundred ninety-two of this  chapter,  there  shall  be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02916-03-9

S. 5567                             2

levied,  in  addition  to  any  sentence required or permitted by law, a
crime victim assistance fee in the amount of twenty-five dollars  and  a
mandatory surcharge in accordance with the following schedule:
  (i)  a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars;
  (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
surcharge of one hundred seventy-five dollars.
  (c)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for  an  offense  under  this  chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter,  or  a  traffic  infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred eleven-a of this chapter or other than an infraction pursuant to
article  nine of this chapter or other than an adjudication of liability
of an owner for a violation of toll collection regulations  pursuant  to
section  two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
hundred seventy-four of the laws of nineteen hundred fifty OR OTHER THAN
A  CONVICTION  FOR WHICH A MANDATORY SURCHARGE AND CRIME VICTIMS ASSIST-
ANCE FEE ARE LEVIED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, there
shall be levied a crime victim assistance fee  in  the  amount  of  five
dollars  and a mandatory surcharge, in addition to any sentence required
or permitted by law, in the amount of fifty-five dollars.
  (D)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER  THAN  A
CRIME  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW,  ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B)  SUCH  OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN  EFFECT  AS  PROVIDED  IN
PARAGRAPHS  ONE  AND  TWO  OF  SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER,
THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE FEE  IN  THE  AMOUNT  OF
FIVE  DOLLARS  AND  A  MANDATORY SURCHARGE IN THE AMOUNT OF SEVENTY-FIVE
DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR PERMITTED BY LAW.
  (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A)  TRAFFIC
INFRACTIONS  INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN  OWNER
FOR  A  VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF  THIS
CHAPTER;  (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
(E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION  OF  TOLL
COLLECTION  REGULATIONS  PURSUANT  TO  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  TERM  "SCHOOL  TRAFFIC
SAFETY  AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
THREE HUNDRED TWENTY FEET  ON  A  HIGHWAY  PASSING  A  SCHOOL  BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN

S. 5567                             3

HUNDRED  TWENTY,  SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN HUNDRED THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S  3. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by chapter 190 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  (A)  Whenever proceedings in an administrative tribunal or a court
of this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an  adju-
dication  of liability of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, OR OTHER THAN A CONVICTION  FOR
WHICH  A MANDATORY SURCHARGE AND CRIME VICTIMS ASSISTANCE FEE ARE LEVIED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, there shall be  levied  a
mandatory  surcharge,  in addition to any sentence required or permitted
by law, in the amount of twenty-five dollars.
  (B)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER  THAN  A
CRIME  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW,  ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B)  SUCH  OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN  EFFECT  AS  PROVIDED  IN
PARAGRAPHS  ONE  AND  TWO  OF  SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER,
THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE FEE  IN  THE  AMOUNT  OF
FIVE  DOLLARS  AND  A  MANDATORY SURCHARGE IN THE AMOUNT OF SEVENTY-FIVE
DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR PERMITTED BY LAW.
  (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A)  TRAFFIC
INFRACTIONS  INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN  OWNER
FOR  A  VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF  THIS
CHAPTER;  (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
(E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION  OF  TOLL
COLLECTION  REGULATIONS  PURSUANT  TO  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  TERM  "SCHOOL  TRAFFIC
SAFETY  AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
THREE HUNDRED TWENTY FEET  ON  A  HIGHWAY  PASSING  A  SCHOOL  BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED  TWENTY,  SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN HUNDRED THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S 4. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
separately  amended  by chapter 16 of the laws of 1983 and chapter 62 of
the laws of 1989, is amended to read as follows:
  1. (A) Whenever proceedings in an administrative tribunal or  a  court
of this state result in a conviction for a crime under this chapter or a

S. 5567                             4

traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR
WHICH  A MANDATORY SURCHARGE AND CRIME VICTIMS ASSISTANCE FEE ARE LEVIED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, there shall be  levied  a
mandatory  surcharge,  in addition to any sentence required or permitted
by law, in the amount of seventeen dollars.
  (B) (I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER  THAN  A
CRIME  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW,  ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B)  SUCH  OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN  EFFECT  AS  PROVIDED  IN
PARAGRAPHS  ONE  AND  TWO  OF  SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER,
THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE FEE  IN  THE  AMOUNT  OF
FIVE  DOLLARS  AND  A  MANDATORY SURCHARGE IN THE AMOUNT OF SEVENTY-FIVE
DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR PERMITTED BY LAW.
  (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A)  TRAFFIC
INFRACTIONS  INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN  OWNER
FOR  A  VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF  THIS
CHAPTER;  (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
(E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION  OF  TOLL
COLLECTION  REGULATIONS  PURSUANT  TO  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B  AND  SIXTEEN-C   OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  TERM  "SCHOOL  TRAFFIC
SAFETY  AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
THREE HUNDRED TWENTY FEET  ON  A  HIGHWAY  PASSING  A  SCHOOL  BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED  TWENTY,  SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN HUNDRED THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S 5. This act shall take effect immediately; provided that:
  a. the amendments to subdivision one of section 1809  of  the  vehicle
and  traffic law made by section two of this act shall be subject to the
expiration of such subdivision pursuant to section 406 of chapter 166 of
the laws of 1991, as amended, when upon  such  date  the  provisions  of
section three of this act shall take effect; and
  b.  the  amendments  to subdivision one of section 1809 of the vehicle
and traffic law made by section three of this act shall  be  subject  to
the expiration of such subdivision pursuant to section 17 of chapter 746
of  the  laws of 1988, as amended, when upon such date the provisions of
section four of this act shall take effect.

2009-S5567A (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1809, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1327
2013-2014: S399

2009-S5567A (ACTIVE) - Summary

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.

2009-S5567A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5567A

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to surcharges
for moving violations in school traffic safety and speed zones


 PURPOSE OR GENERAL IDEA OF BILL :
Increases the mandatory surcharge on certain moving violations
committed within School Traffic Safety and Speed Zones.

 SUMMARY OF SPECIFIC PROVISIONS :
The bill amends subdivision 1 of section 1809 of the Vehicle and
Traffic Law to establish a mandatory surcharge of $75.00 and a crime
victims assistance fee of $5.00, in addition to any sentence required
or permitted by law, where certain moving violations occur within
school traffic safety and speed zones as defined therein.

 JUSTIFICATION :
On September 26, 2008, Clarente Turner, a six year old boy, was truck
and killed while waiting to cross the street with his mother on a walk
home from school. The diver of the vehicle responsible for the crash
that ultimately killed Clarente was speeding to try to beat the
traffic light. This accident occurred within blocks of Clarente's
school. The National Highway Traffic Safety Administration (NHTSA)
recently released a report that says that motor vehicle crashes are

the leading cause of death for children ages 3 to 6 and 8 to 14.

The report also says that in 2007, there were a total of 41,059
traffic fatalities in the united States. The 14-and-younger age group
accounted for 4 percent (1,670) of those traffic fatalities. This age
group accounted for 4 percent (1,248) of all vehicle occupant
fatalities, 8 percent (200,000) of all the people injured in motor
vehicle crashes, and 7 percent (174,000) of all the vehicle occupants
injured in crashes.

Young children are especially at risk in school zones due to their
underdeveloped motor skills, coordination, sensory stimulation, and
balance. With the high concentration of children in and around public
schools, our state needs to take necessary steps to deter potential
traffic violations in school safety zones.

Establishing a mandatory surcharge in school safety zones will act as
an effective deterrent of potential traffic violations near schools,
decrease senseless tragedies, and create a safer environment. The
revenue generated will also aid our state in covering the costs of
emergency services, traffic precautions, and any other public services
related to the protection and care of children involved in vehicle
related accidents.

 PRIOR LEGISLATIVE HISTORY :
2005-2006: A.7795-B

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next Succeeding
the date on which it shall have become a law and shall apply to
violations occurring on and after such effective date.

2009-S5567A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5567--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 18, 2009
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation -- reported
  favorably from said committee and committed to the Committee on  Codes
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

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:

  Section 1. This act shall be known and may  be  cited  as  "Clarente's
Law".
  S  2. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 2 of part DD of chapter 56 of the laws of  2008,  the
opening  paragraph  and paragraph (c) as separately amended by section 4
of chapter 19, sections 17 of chapters 20, 21 and 22 and  section  4  of
chapter 23 of the laws of 2009, is amended to read as follows:
  1.    Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, or  parking  or  violations  by
pedestrians or bicyclists, or other than an adjudication of liability of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-a  of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-b of this chapter, there shall be levied a crime  victim  assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02916-05-9

S. 5567--A                          2

  (a)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for a traffic infraction  pursuant  to
article  nine  of  this  chapter,  there  shall be levied a crime victim
assistance fee in the amount of five dollars and a mandatory  surcharge,
in  addition to any sentence required or permitted by law, in the amount
of twenty-five dollars.
  (b) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result in a conviction for a misdemeanor or felony pursuant
to section eleven hundred ninety-two of this  chapter,  there  shall  be
levied,  in  addition  to  any  sentence required or permitted by law, a
crime victim assistance fee in the amount of twenty-five dollars  and  a
mandatory surcharge in accordance with the following schedule:
  (i)  a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars;
  (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
surcharge of one hundred seventy-five dollars.
  (c)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for  an  offense  under  this  chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter,  or  a  traffic  infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
liability of an owner for a violation  of  subdivision  (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an  infraction  pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity  of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public  authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty OR OTHER THAN
A  CONVICTION FOR WHICH A MANDATORY SURCHARGE AND CRIME VICTIM'S ASSIST-
ANCE FEE ARE LEVIED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, there
shall be levied a crime victim assistance fee  in  the  amount  of  five
dollars  and a mandatory surcharge, in addition to any sentence required
or permitted by law, in the amount of fifty-five dollars.
  (D)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER  THAN  A
CRIME  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW,  ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B)  SUCH  OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN  EFFECT  AS  PROVIDED  IN
PARAGRAPHS  ONE  AND  TWO  OF  SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM  ASSISTANCE
FEE  IN  THE  AMOUNT  OF  FIVE  DOLLARS AND A MANDATORY SURCHARGE IN THE
AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED  OR
PERMITTED BY LAW.
  (II)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS  BY
PEDESTRIANS  OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF

S. 5567--A                          3

THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER;  OR
(E)  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
COLLECTION  REGULATIONS  PURSUANT  TO  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  TERM  "SCHOOL  TRAFFIC
SAFETY  AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
THREE HUNDRED TWENTY FEET  ON  A  HIGHWAY  PASSING  A  SCHOOL  BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED  TWENTY,  SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN HUNDRED THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S 3. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
separately  amended  by section 5 of chapter 19, sections 18 of chapters
20, 21 and 22 and section 5 of chapter  23  of  the  laws  of  2009,  is
amended to read as follows:
  1.  (A)  Whenever proceedings in an administrative tribunal or a court
of this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an  adju-
dication  of liability of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, OR OTHER THAN A CONVICTION  FOR
WHICH  A MANDATORY SURCHARGE AND CRIME VICTIMS ASSISTANCE FEE ARE LEVIED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an  adjudi-
cation  of  liability  of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-b of this chapter, there shall be levied a  manda-
tory  surcharge,  in  addition  to any sentence required or permitted by
law, in the amount of twenty-five dollars.
  (B)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER  THAN  A
CRIME  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW,  ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B)  SUCH  OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN  EFFECT  AS  PROVIDED  IN
PARAGRAPHS  ONE  AND  TWO  OF  SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM  ASSISTANCE
FEE  IN  THE  AMOUNT  OF  FIVE  DOLLARS AND A MANDATORY SURCHARGE IN THE
AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED  OR
PERMITTED BY LAW.
  (II)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS  BY
PEDESTRIANS  OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF
THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER;  OR
(E)  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
COLLECTION REGULATIONS PURSUANT TO SECTION  TWO  THOUSAND  NINE  HUNDRED

S. 5567--A                          4

EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN  HUNDRED  SEVENTY-FOUR  OF  THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE  THOUSAND
THREE  HUNDRED  TWENTY  FEET  ON  A  HIGHWAY  PASSING A SCHOOL BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED TWENTY, SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN  HUNDRED  THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S  4. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by chapter 16 of the laws of 1983 and chapter  62  of
the laws of 1989, is amended to read as follows:
  1.  (A)  Whenever proceedings in an administrative tribunal or a court
of this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than  a  traffic  infraction
involving  standing,  stopping,  parking  or  motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN A CONVICTION  FOR
WHICH  A MANDATORY SURCHARGE AND CRIME VICTIMS ASSISTANCE FEE ARE LEVIED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, there shall be  levied  a
mandatory  surcharge,  in addition to any sentence required or permitted
by law, in the amount of seventeen dollars.
  (B)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER  THAN  A
CRIME  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW,  ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B)  SUCH  OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN  EFFECT  AS  PROVIDED  IN
PARAGRAPHS  ONE  AND  TWO  OF  SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM  ASSISTANCE
FEE  IN  THE  AMOUNT  OF  FIVE  DOLLARS AND A MANDATORY SURCHARGE IN THE
AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED  OR
PERMITTED BY LAW.
  (II)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS  BY
PEDESTRIANS  OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF
THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER;  OR
(E)  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
COLLECTION REGULATIONS PURSUANT TO SECTION  TWO  THOUSAND  NINE  HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN  HUNDRED  SEVENTY-FOUR  OF  THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE  THOUSAND
THREE  HUNDRED  TWENTY  FEET  ON  A  HIGHWAY  PASSING A SCHOOL BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED TWENTY, SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN  HUNDRED  THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.

S. 5567--A                          5

  S 5. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
violations occurring on and after such effective date; provided that:
  a.  the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section two of this act  shall  be  subject  to  the
expiration  of  such  subdivision  when upon such date the provisions of
section three of this act shall take effect; and
  b. the amendments to subdivision 1 of section 1809 of the vehicle  and
traffic  law  made  by section three of this act shall be subject to the
expiration of such subdivision when upon such  date  the  provisions  of
section four of this act shall take effect.

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Senate Bill S5567

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Jan 26, 2010 - Transportation Committee Vote

Transportation Committee Vote: Jan 26, 2010

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Sponsored By

Martin Malavé Dilan

Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

2009-S5567 - Details

2009-S5567 - Summary

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2009-S5567 - Bill Text download pdf

2009-S5567A (ACTIVE) - Details

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2009-S5567A (ACTIVE) - Sponsor Memo

2009-S5567A (ACTIVE) - Bill Text download pdf

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