NY State Senate Bill 2017-S4238

Senate Bill S4238

2017-2018 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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Feb 06, 2017	referred to transportation

2017-S4238 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1809, V & T L
Versions Introduced in 2015-2016 Legislative Session:: S2334

2017-S4238 (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.

2017-S4238 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4238

 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 struck
and killed while waiting to cross the street with his mother on a walk
home from school. The driver 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 :

2015-2016 S.2334A: Referred 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.

2017-S4238 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4238
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 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".
   §  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 222 of the
 laws of 2015, 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, 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-d of this chapter, or other than an adju-
 dication 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06455-02-7

 S. 4238                             2
 
 accordance  with  section  eleven  hundred  eighty-b of this chapter, 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-c 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-e of this chap-
 ter, 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:
   (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 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-d 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 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-c of this chapter, or other than  an  adjudication

 S. 4238                             3

 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-e of this chapter, 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.
   (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.
   § 3. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
 amended  by  section 10-a of chapter 222 of the laws of 2015, 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

 S. 4238                             4
 
 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 (d) of section eleven hundred eleven of this chapter  in  accord-
 ance with section eleven hundred eleven-d of this chapter, 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 chap-
 ter in accordance with section eleven hundred eighty-b of this  chapter,
 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 eight-
 y-c of this chapter, or other than an adjudication of  liability  of  an
 owner for a violation of subdivision (d) of section eleven hundred elev-
 en of this chapter in accordance with section eleven hundred eleven-e 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
 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.
   § 4. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
 amended  by  section 10-b of chapter 222 of the laws of 2015, 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

 S. 4238                             5
 
 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  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-d of this chap-
 ter, 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 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-c 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-e  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,
 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.
   § 5. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
 amended  by  section 10-c of chapter 222 of the laws of 2015, is amended
 to read as follows:

 S. 4238                             6

   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, 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-c  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-d of this chap-
 ter, 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-e of this chap-
 ter, 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. 4238                             7
 
   §  6. Subdivision 1 of section 1809 of the vehicle and traffic law, as
 amended by section 10-d of chapter 222 of the laws of 2015,  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-c  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-d 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-e 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,
 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.
   § 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:

 S. 4238                             8
 
   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;
   e. the amendments to subdivision 1 of section 1809 of the vehicle  and
 traffic law made by section six of this act shall not affect the expira-
 tion  of such subdivision and shall expire and be deemed repealed there-
 with.

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