NY State Senate Bill 2021-S1587

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jan 13, 2021	referred to transportation

2021-S1587 (ACTIVE) - Details

See Assembly Version of this Bill:: A5427
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1229-e, V & T L; amd §485.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8728
2023-2024: S5993
2025-2026: S6547

2021-S1587 (ACTIVE) - Summary

Relates to the "Heather D. Heyer act" which increases penalties where a vehicle is used as a weapon in a hate crime and makes it illegal to travel upon a roadway in a vehicle within 1000 feet of a protest.

2021-S1587 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1587

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the vehicle and traffic law and the penal law, in
relation to the use of a vehicle as a weapon

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to keep motorists from driving near protests
with over fifteen people in attendance; furthermore, it will amend the
penal law by adding a new subdivision to mandate a minimal jail sentence
when a person is convicted of a hate crime where the underlying offense
is vehicular manslaughter.

 
SUMMARY OF SPECIFIC PROVISIONS:

The vehicle and traffic law is amended by adding a new section 1229-e.

Section 485.10 of the penal law is also amended by adding a new subdivi-

sion 3-a.

 
JUSTIFICATION:

In New York State, we care about people and we want to ensure New York-
ers are safe from any deadly terrorist attack by some unknown person,
who may wish to use his/her motor vehicle as a weapon against those who
may not espouse the same ideology; who may have a different ethnicity,
religious belief, sexual orientation, or who may just be different from
them. This new legislation would enhance protesters' safety in New work
State by ensuring that they are kept at a safe distance from potentially
running into traffic where the driver(s) may or may not have good
intentions. This legislation has the added effect of protecting protest-
ers in the State of New York against those who may wish to do them harm
while they are peacefully protesting.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
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.

2021-S1587 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1587
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  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

 S. 1587                             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.

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Senate Bill S1587

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2021-S1587 (ACTIVE) - Details

2021-S1587 (ACTIVE) - Summary

2021-S1587 (ACTIVE) - Sponsor Memo

2021-S1587 (ACTIVE) - Bill Text download pdf

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2021-S1587 (ACTIVE) - Details

2021-S1587 (ACTIVE) - Summary

2021-S1587 (ACTIVE) - Sponsor Memo

2021-S1587 (ACTIVE) - Bill Text download pdf

Comments