S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5427
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 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.