S T A T E   O F   N E W   Y O R K
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                                  5342

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  GIANARIS, REILLY, FIELDS, DelMONTE, MILLMAN,
  GORDON, PERALTA -- Multi-Sponsored by -- M. of A. ABBATE, CHRISTENSEN,
  COLTON, COOK, GREENE, GUNTHER, HYER-SPENCER, KOON,  MAYERSOHN,  ROBIN-
  SON,  WEISENBERG  -- read once and referred to the Committee on Trans-
  portation

AN ACT to amend the vehicle and traffic law, in relation to interference
  with a funeral procession

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1132 to read as follows:
  S 1132. INTERFERENCE WITH A FUNERAL PROCESSION. (A) THE  DRIVER  OF  A
MOTOR VEHICLE SHALL NOT ENTER, DRIVE BETWEEN, OBSTRUCT, HINDER OR IN ANY
WAY  INTERFERE WITH THE VEHICLES CONSTITUTING A FUNERAL PROCESSION WHILE
SUCH VEHICLES ARE IN MOTION UNLESS SUCH MOTOR VEHICLE IS  PART  OF  SUCH
PROCESSION,  EXCEPT WHEN AUTHORIZED TO DO SO BY A POLICE OFFICER OR WHEN
SUCH MOTOR VEHICLE IS AN AUTHORIZED EMERGENCY VEHICLE EXHIBITING A VISI-
BLE SIGNAL AND SOUNDING AN AUDIBLE SIGNAL.
  (B) ANY PERSON OPERATING A MOTOR VEHICLE IN VIOLATION  OF  SUBDIVISION
(A)  OF THIS SECTION SHALL BE GUILTY OF A TRAFFIC INFRACTION AND SUBJECT
TO A FINE OF NOT MORE THAN FIFTY DOLLARS.  THE  COMMISSIONER  SHALL  NOT
ASSESS ANY POINTS AGAINST THE LICENSE OF A PERSON FOUND TO HAVE VIOLATED
THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION.
  (C) NO PROVISION OF THIS SECTION SHALL BE DEEMED TO IMPOSE ANY LIABIL-
ITY  FOR  PERSONAL  INJURY OR DAMAGES RESULTING FROM A VIOLATION OF THIS
SECTION UPON A FUNERAL FIRM OR ANY PERSON LICENSED OR REGISTERED  PURSU-
ANT  TO ARTICLE THIRTY-FOUR OF THE PUBLIC HEALTH LAW, OR ANY EMPLOYEE OR
AGENT THEREOF, WHEN SUCH FIRM, PERSON, EMPLOYEE OR AGENT IS ACTING WITH-
IN THE SCOPE OF HIS, HER OR ITS DUTIES.  NOR SHALL ANY PROVISION OF THIS
SECTION BE DEEMED TO LIMIT THE LIABILITY OF  ANY  FUNERAL  FIRM  OR  ANY
PERSON  LICENSED  OR  REGISTERED  PURSUANT TO ARTICLE THIRTY-FOUR OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05898-01-9
              

A. 5342                             2

PUBLIC HEALTH LAW, OR ANY EMPLOYEE OR AGENT  THEREOF,  PURSUANT  TO  ANY
OTHER PROVISION OF LAW OR AT EQUITY.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.