NY State Senate Bill 2013-S399A

Senate Bill S399A

2013-2014 Legislative Session

Relates to enacting 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 Transportation 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

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2014	print number 399a
Mar 11, 2014	amend and recommit to transportation
Jan 08, 2014	referred to transportation
Jun 21, 2013	committed to rules
May 06, 2013	advanced to third reading
May 01, 2013	2nd report cal.
Apr 30, 2013	1st report cal.499
Jan 09, 2013	referred to transportation

Votes

- Apr 30, 2013 - Transportation Committee Vote
  S399A
  
  14
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Apr 30, 2013
      
      aye (14)
      
      Carlucci
      
      Diaz
      
      Dilan
      
      Fuschillo
      
      Gipson
      
      Kennedy
      
      Larkin
      
      Nozzolio
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Squadron
      
      Stavisky
      
      Young
      
      aye wr (4)
      
      Gallivan
      
      Maziarz
      
      O'Mara
      
      Zeldin

Bill Amendments

Original

A (Active)

2013-S399 - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1809, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5567
2011-2012: S1327

2013-S399 - 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.

2013-S399 - Sponsor Memo

                                BILL NUMBER:S399

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:
2011-12:   S.1327/A.4410 - Reported and Committed to Codes in


           Assembly
2009-10:   S.5567A/A.8083A Reported and Committed to Codes in Senate
           and Assembly Ways and Means

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.

2013-S399 - Bill Text download pdf

                            
                    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:

  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 amended by section 10 of part II
of chapter 59 of the laws of 2010, 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, or other than an adjudication in accordance
with section eleven hundred eleven-c of this chapter for a violation  of
a bus lane restriction as defined in such section, there shall be levied
a  crime victim assistance 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.
                                                           LBD00108-01-3

S. 399                              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
an  adjudication  in  accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane  restriction  as  defined  in
such section, OR OTHER THAN A CONVICTION FOR WHICH A MANDATORY SURCHARGE
AND  CRIME VICTIM ASSISTANCE 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.

S. 399                              3

  (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  3. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 10-a of part II of chapter 59 of the laws of 2010, 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 VICTIM 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, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in  such  section,  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

S. 399                              4

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
amended by section 10-b of part II of chapter 59 of the laws of 2010, 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 VICTIM ASSISTANCE FEE  ARE  LEVIED
PURSUANT  TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi-
cation in accordance with section eleven hundred eleven-c of this  chap-
ter  for  a  violation  of  a  bus  lane  restriction as defined in such
section, 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.

S. 399                              5

  (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. 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 VICTIM 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 6. 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:

S. 399                              6

  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;
  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; and
  c. the amendments to subdivision 1 of section 1809 of the vehicle  and
traffic  law  made  by  section four of this act shall be subject to the
expiration of such subdivision when upon such  date  the  provisions  of
section five of this act shall take effect.

2013-S399A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1809, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5567
2011-2012: S1327

2013-S399A (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.

2013-S399A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S399A

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 41,039
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, B 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:  2013: S.1327 - Reported to transportation

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.

2013-S399A (ACTIVE) - Bill Text download pdf

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

                                 399--A

                       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  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  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 amended by  chapter  189  of  the
laws of 2013, 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, or other than an  adjudication  in  accordance
with  section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, there shall be levied
a crime victim assistance fee and a mandatory surcharge, in addition  to

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

                                                           LBD00108-02-4

S. 399--A                           2

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
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
an  adjudication  in  accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane  restriction  as  defined  in
such section, or other than an adjudication of liability of an owner for
a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, OR OTHER THAN A CONVICTION FOR WHICH A  MANDA-
TORY  SURCHARGE  AND  CRIME VICTIM ASSISTANCE 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

S. 399--A                           3

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  3. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 11-a of chapter 189 of the laws of 2013,  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 VICTIM 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, or other than  an  adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, or other
than  an adjudication of liability of an owner for a violation of subdi-
vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
this  chapter in accordance with section eleven hundred eighty-b of this
chapter, 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

S. 399--A                           4

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
amended  by  section 11-b of chapter 189 of the laws of 2013, 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 VICTIM ASSISTANCE FEE  ARE  LEVIED
PURSUANT  TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi-
cation in accordance with section eleven hundred eleven-c of this  chap-
ter  for  a  violation  of  a  bus  lane  restriction as defined in such
section, or other than an adjudication of liability of an  owner  for  a
violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, 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.

S. 399--A                           5

  (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. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 11-c of chapter 189 of the laws of 2013,  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 VICTIM 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 (b), (c),
(d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-b of this  chapter,  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,

S. 399--A                           6

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  6. 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 VICTIM 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. 399--A                           7

  S 7. 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;
  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;
  c.  the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section four of this act shall  be  subject  to  the
expiration  of  such  subdivision  when upon such date the provisions of
section five of this act shall take effect;
  d. the amendments to subdivision 1 of section 1809 of the vehicle  and
traffic  law  made  by  section five of this act shall be subject to the
expiration of such subdivision when upon such  date  the  provisions  of
section six of this act shall take effect.

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