S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5520
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced by M. of A. PICHARDO, SAYEGH, REYES -- read once and referred
   to the Committee 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  ONE
 HUNDRED  PEOPLE IN ATTENDANCE IS OCCURRING ON A ROADWAY, WITH THE EXCEP-
 TION OF POLICE VEHICLES, EMERGENCY VEHICLES, AND THE VEHICLES OF  PEOPLE
 PARTICIPATING  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.
              

                                                            LBD06085-02-1

 A. 5520                             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.