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