S T A T E O F N E W Y O R K
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5427
2021-2022 Regular Sessions
I N A S S E M B L Y
February 16, 2021
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Introduced by M. of A. FRONTUS -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law and the penal law, in
relation to the use of a vehicle as a weapon
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 the "Heather D.
Heyer act."
§ 2. The vehicle and traffic law is amended by adding a new section
1229-e to read as follows:
§ 1229-E. DRIVING NEAR PROTESTS. 1. WHEN A PROTEST WITH OVER FIFTEEN
PEOPLE IN ATTENDANCE IS OCCURRING ON A ROADWAY, WITH THE EXCEPTION OF
POLICE VEHICLES, EMERGENCY VEHICLES, AND THE VEHICLES OF PEOPLE PARTIC-
IPATING IN THE PROTEST, NO DRIVER OF A VEHICLE SHALL DRIVE UPON SUCH
ROADWAY WITHIN ONE THOUSAND FEET OF THE PROTEST.
2. WHENEVER ANY VEHICLE, WITH THE EXCEPTION OF POLICE VEHICLES, EMER-
GENCY VEHICLES, AND THE VEHICLES OF PEOPLE PARTICIPATING IN THE PROTEST,
IS STOPPED AT A PROTEST, THE DRIVER OF ANY OTHER VEHICLE APPROACHING
FROM THE REAR SHALL NOT OVERTAKE AND PASS SUCH STOPPED VEHICLE.
3. A VIOLATION OF SUBDIVISION ONE OR TWO OF THIS SECTION SHALL BE A
TRAFFIC INFRACTION AND SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN
THREE HUNDRED DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS. A PERSON WHO
OPERATES A VEHICLE IN VIOLATION OF SUCH SUBDIVISIONS AFTER HAVING BEEN
CONVICTED OF A VIOLATION OF SUCH SUBDIVISIONS WITHIN THE PRECEDING FIVE
YEARS SHALL BE PUNISHED BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS
NOR MORE THAN SEVEN HUNDRED FIFTY DOLLARS. A PERSON WHO OPERATES A VEHI-
CLE IN VIOLATION OF SUCH SUBDIVISIONS AFTER HAVING BEEN CONVICTED TWO OR
MORE TIMES OF A VIOLATION OF SUCH SUBDIVISIONS WITHIN THE PRECEDING TEN
YEARS SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A FINE
OF NOT LESS THAN SEVEN HUNDRED FIFTY DOLLARS NOR MORE THAN FIFTEEN
HUNDRED DOLLARS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06085-01-1
A. 5427 2
§ 3. Section 485.10 of the penal law is amended by adding a new subdi-
vision 3-a to read as follows:
3-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
CONVICTED OF A HATE CRIME PURSUANT TO THIS ARTICLE WHERE THE UNDERLYING
OFFENSE IS VEHICULAR MANSLAUGHTER OR A DANGEROUS INSTRUMENT IS USED AS A
WEAPON AGAINST A PERSON DURING THE COMMISSION OF SUCH HATE CRIME, THE
SPECIFIED OFFENSE IS A CLASS A-1 FELONY WITH WHICH THE MINIMUM PERIOD OF
THE INDETERMINATE SENTENCE SHALL NOT BE LESS THAN TWENTY-FIVE YEARS.
§ 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.