S T A T E O F N E W Y O R K
________________________________________________________________________
1327
2011-2012 Regular Sessions
I N S E N A T E
January 6, 2011
___________
Introduced by Sens. DILAN, DIAZ, VALESKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation
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".
S 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 section 10 of part II
of chapter 59 of the laws of 2010, 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, 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03011-01-1
S. 1327 2
(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 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 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.
S. 1327 3
(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 3. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 10-a of part II of chapter 59 of the laws of 2010, 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
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, 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
S. 1327 4
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 4. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 10-b of part II of chapter 59 of the laws of 2010, 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 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, 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.
S. 1327 5
(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 5. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by chapter 16 of the laws of 1983 and chapter 62 of
the laws of 1989, 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, 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 6. 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. 1327 6
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; and
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.