Bill Text: NY A06535 | 2015-2016 | General Assembly | Introduced
Bill Title: Enacts Clarente's Law, imposing a mandatory surcharge and crime victim assistance fee for a moving violation occurring within a school traffic safety and speed zone.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to transportation [A06535 Detail]
Download: New_York-2015-A06535-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6535 2015-2016 Regular Sessions I N A S S E M B L Y March 26, 2015 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Transportation 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: 1 Section 1. This act shall be known and may be cited as "Clarente's 2 Law". 3 S 2. Subdivision 1 of section 1809 of the vehicle and traffic law, as 4 amended by section 2 of part DD of chapter 56 of the laws of 2008, the 5 opening paragraph and paragraph (c) as separately amended by chapters 6 43, 99, 101 and 123 of the laws of 2014, is amended to read as follows: 7 1. Whenever proceedings in an administrative tribunal or a court of 8 this state result in a conviction for an offense under this chapter or a 9 traffic infraction under this chapter, or a local law, ordinance, rule 10 or regulation adopted pursuant to this chapter, other than a traffic 11 infraction involving standing, stopping, or parking or violations by 12 pedestrians or bicyclists, or other than an adjudication of liability of 13 an owner for a violation of subdivision (d) of section eleven hundred 14 eleven of this chapter in accordance with section eleven hundred 15 eleven-a of this chapter, or other than an adjudication of liability of 16 an owner for a violation of subdivision (d) of section eleven hundred 17 eleven of this chapter in accordance with section eleven hundred 18 eleven-b of this chapter, or other than an adjudication in accordance 19 with section eleven hundred eleven-c of this chapter for a violation of 20 a bus lane restriction as defined in such section, or other than an 21 adjudication of liability of an owner for a violation of subdivision (d) 22 of section eleven hundred eleven of this chapter in accordance with 23 section eleven hundred eleven-d of this chapter, or other than an adju- 24 dication of liability of an owner for a violation of subdivision (b), 25 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05847-01-5 A. 6535 2 1 accordance with section eleven hundred eighty-b of this chapter, or 2 other than an adjudication of liability of an owner for a violation of 3 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 4 of this chapter in accordance with section eleven hundred eighty-c of 5 this chapter, there shall be levied a crime victim assistance fee and a 6 mandatory surcharge, in addition to any sentence required or permitted 7 by law, in accordance with the following schedule: 8 (a) Whenever proceedings in an administrative tribunal or a court of 9 this state result in a conviction for a traffic infraction pursuant to 10 article nine of this chapter, there shall be levied a crime victim 11 assistance fee in the amount of five dollars and a mandatory surcharge, 12 in addition to any sentence required or permitted by law, in the amount 13 of twenty-five dollars. 14 (b) Whenever proceedings in an administrative tribunal or a court of 15 this state result in a conviction for a misdemeanor or felony pursuant 16 to section eleven hundred ninety-two of this chapter, there shall be 17 levied, in addition to any sentence required or permitted by law, a 18 crime victim assistance fee in the amount of twenty-five dollars and a 19 mandatory surcharge in accordance with the following schedule: 20 (i) a person convicted of a felony shall pay a mandatory surcharge of 21 three hundred dollars; 22 (ii) a person convicted of a misdemeanor shall pay a mandatory 23 surcharge of one hundred seventy-five dollars. 24 (c) Whenever proceedings in an administrative tribunal or a court of 25 this state result in a conviction for an offense under this chapter 26 other than a crime pursuant to section eleven hundred ninety-two of this 27 chapter, or a traffic infraction under this chapter, or a local law, 28 ordinance, rule or regulation adopted pursuant to this chapter, other 29 than a traffic infraction involving standing, stopping, or parking or 30 violations by pedestrians or bicyclists, or other than an adjudication 31 of liability of an owner for a violation of subdivision (d) of section 32 eleven hundred eleven of this chapter in accordance with section eleven 33 hundred eleven-a of this chapter, or other than an adjudication of 34 liability of an owner for a violation of subdivision (d) of section 35 eleven hundred eleven of this chapter in accordance with section eleven 36 hundred eleven-b of this chapter, or other than an adjudication of 37 liability of an owner for a violation of subdivision (d) of section 38 eleven hundred eleven of this chapter in accordance with section eleven 39 hundred eleven-d of this chapter, or other than an infraction pursuant 40 to article nine of this chapter or other than an adjudication of liabil- 41 ity of an owner for a violation of toll collection regulations pursuant 42 to section two thousand nine hundred eighty-five of the public authori- 43 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 44 hundred seventy-four of the laws of nineteen hundred fifty or other than 45 an adjudication in accordance with section eleven hundred eleven-c of 46 this chapter for a violation of a bus lane restriction as defined in 47 such section, or other than an adjudication of liability of an owner for 48 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 49 hundred eighty of this chapter in accordance with section eleven hundred 50 eighty-b of this chapter, or other than an adjudication of liability of 51 an owner for a violation of subdivision (b), (c), (d), (f) or (g) of 52 section eleven hundred eighty of this chapter in accordance with section 53 eleven hundred eighty-c of this chapter, OR OTHER THAN A CONVICTION FOR 54 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED 55 PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, there shall be levied a 56 crime victim assistance fee in the amount of five dollars and a mandato- A. 6535 3 1 ry surcharge, in addition to any sentence required or permitted by law, 2 in the amount of fifty-five dollars. 3 (D)(I) WHENEVER: 4 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE 5 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A 6 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR 7 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI- 8 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND 9 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY 10 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 11 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 12 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE 13 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE 14 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR 15 PERMITTED BY LAW. 16 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC 17 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY 18 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER 19 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF 20 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS 21 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR 22 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL 23 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED 24 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, 25 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE 26 LAWS OF NINETEEN HUNDRED FIFTY. 27 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC 28 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND 29 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING, 30 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM 31 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN 32 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY, 33 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP- 34 TER. 35 S 3. Subdivision 1 of section 1809 of the vehicle and traffic law, as 36 separately amended by section 3-a of chapter 43 and section 10-a of 37 chapters 99, 101 and 123 of the laws of 2014, is amended to read as 38 follows: 39 1. (A) Whenever proceedings in an administrative tribunal or a court 40 of this state result in a conviction for a crime under this chapter or a 41 traffic infraction under this chapter, or a local law, ordinance, rule 42 or regulation adopted pursuant to this chapter, other than a traffic 43 infraction involving standing, stopping, parking or motor vehicle equip- 44 ment or violations by pedestrians or bicyclists, or other than an adju- 45 dication of liability of an owner for a violation of subdivision (d) of 46 section eleven hundred eleven of this chapter in accordance with section 47 eleven hundred eleven-a of this chapter, OR OTHER THAN AN CONVICTION FOR 48 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FREE ARE LEVIED 49 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION or other than an adjudi- 50 cation of liability of an owner for a violation of subdivision (d) of 51 section eleven hundred eleven of this chapter in accordance with section 52 eleven hundred eleven-b of this chapter, or other than an adjudication 53 in accordance with section eleven hundred eleven-c of this chapter for a 54 violation of a bus lane restriction as defined in such section, or other 55 than an adjudication of liability of an owner for a violation of subdi- 56 vision (d) of section eleven hundred eleven of this chapter in accord- A. 6535 4 1 ance with section eleven hundred eleven-d of this chapter, or other than 2 an adjudication of liability of an owner for a violation of subdivision 3 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 4 ter in accordance with section eleven hundred eighty-b of this chapter, 5 or other than an adjudication of liability of an owner for a violation 6 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 7 eighty of this chapter in accordance with section eleven hundred eight- 8 y-c of this chapter, there shall be levied a mandatory surcharge, in 9 addition to any sentence required or permitted by law, in the amount of 10 twenty-five dollars. 11 (B)(I) WHENEVER: 12 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE 13 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A 14 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR 15 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI- 16 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND 17 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY 18 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 19 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 20 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE 21 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE 22 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR 23 PERMITTED BY LAW. 24 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC 25 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY 26 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER 27 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF 28 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS 29 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR 30 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL 31 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED 32 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, 33 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE 34 LAWS OF NINETEEN HUNDRED FIFTY. 35 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC 36 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND 37 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING, 38 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM 39 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN 40 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY, 41 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP- 42 TER. 43 S 4. Subdivision 1 of section 1809 of the vehicle and traffic law, as 44 separately amended by section 3-b of chapter 43 and section 10-b of 45 chapters 99, 101 and 123 of the laws of 2014, is amended to read as 46 follows: 47 1. (A) Whenever proceedings in an administrative tribunal or a court 48 of this state result in a conviction for a crime under this chapter or a 49 traffic infraction under this chapter other than a traffic infraction 50 involving standing, stopping, parking or motor vehicle equipment or 51 violations by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR 52 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED 53 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi- 54 cation of liability of an owner for a violation of subdivision (b), (c), 55 (d), (f) or (g) of section eleven hundred eighty of this chapter in 56 accordance with section eleven hundred eighty-b of this chapter, or A. 6535 5 1 other than an adjudication of liability of an owner for a violation of 2 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 3 of this chapter in accordance with section eleven hundred eighty-c of 4 this chapter, or other than an adjudication of liability of an owner for 5 a violation of subdivision (d) of section eleven hundred eleven of this 6 chapter in accordance with section eleven hundred eleven-d of this chap- 7 ter, there shall be levied a mandatory surcharge, in addition to any 8 sentence required or permitted by law, in the amount of seventeen 9 dollars. 10 (B)(I) WHENEVER: 11 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE 12 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A 13 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR 14 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI- 15 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND 16 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY 17 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 18 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 19 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE 20 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE 21 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR 22 PERMITTED BY LAW. 23 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC 24 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY 25 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER 26 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF 27 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS 28 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR 29 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL 30 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED 31 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, 32 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE 33 LAWS OF NINETEEN HUNDRED FIFTY. 34 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC 35 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND 36 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING, 37 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM 38 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN 39 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY, 40 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP- 41 TER. 42 S 5. Subdivision 1 of section 1809 of the vehicle and traffic law, as 43 separately amended by section 3-c of chapters 43 and section 10-c of 44 chapters 99, 101 and 123 of the laws of 2014, is amended to read as 45 follows: 46 1. (A) Whenever proceedings in an administrative tribunal or a court 47 of this state result in a conviction for a crime under this chapter or a 48 traffic infraction under this chapter other than a traffic infraction 49 involving standing, stopping, parking or motor vehicle equipment or 50 violations by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR 51 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED 52 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi- 53 cation of liability of an owner for a violation of subdivision (b), (c), 54 (d), (f) or (g) of section eleven hundred eighty of this chapter in 55 accordance with section eleven hundred eighty-b of this chapter, or 56 other than an adjudication of liability of an owner for a violation of A. 6535 6 1 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 2 of this chapter in accordance with section eleven hundred eighty-c of 3 this chapter, or other than an adjudication of liability of an owner for 4 a violation of subdivision (d) of section eleven hundred eleven of this 5 chapter in accordance with section eleven hundred eleven-d of this chap- 6 ter, there shall be levied a mandatory surcharge, in addition to any 7 sentence required or permitted by law, in the amount of seventeen 8 dollars. 9 (B)(I) WHENEVER: 10 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE 11 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A 12 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR 13 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI- 14 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND 15 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY 16 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 17 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 18 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE 19 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE 20 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR 21 PERMITTED BY LAW. 22 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC 23 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY 24 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER 25 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF 26 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS 27 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR 28 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL 29 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED 30 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, 31 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE 32 LAWS OF NINETEEN HUNDRED FIFTY. 33 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC 34 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND 35 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING, 36 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM 37 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN 38 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY, 39 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP- 40 TER. 41 S 6. Subdivision 1 of section 1809 of the vehicle and traffic law, as 42 separately amended by section 3-d of chapter 43 and section 10-d of 43 chapters 99, 101 and 123 of the laws of 2014, is amended to read as 44 follows: 45 1. (A) Whenever proceedings in an administrative tribunal or a court 46 of this state result in a conviction for a crime under this chapter or a 47 traffic infraction under this chapter other than a traffic infraction 48 involving standing, stopping, parking or motor vehicle equipment or 49 violations by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR 50 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED 51 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi- 52 cation of liability of an owner for a violation of subdivision (b), (c), 53 (d), (f) or (g) of section eleven hundred eighty of this chapter in 54 accordance with section eleven hundred eighty-c of this chapter, or 55 other than an adjudication of liability of an owner for a violation of 56 subdivision (d) of section eleven hundred eleven of this chapter in A. 6535 7 1 accordance with section eleven hundred eleven-d of this chapter, there 2 shall be levied a mandatory surcharge, in addition to any sentence 3 required or permitted by law, in the amount of seventeen dollars. 4 (B)(I) WHENEVER: 5 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE 6 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A 7 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR 8 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI- 9 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND 10 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY 11 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 12 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 13 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE 14 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE 15 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR 16 PERMITTED BY LAW. 17 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC 18 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY 19 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER 20 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF 21 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS 22 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR 23 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL 24 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED 25 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, 26 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE 27 LAWS OF NINETEEN HUNDRED FIFTY. 28 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC 29 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND 30 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING, 31 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM 32 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN 33 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY, 34 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP- 35 TER. 36 S 7. Subdivision 1 of section 1809 of the vehicle and traffic law, as 37 separately amended by section 10-d of chapters 99, 101 and 123 of the 38 laws of 2014, is amended to read as follow: 39 1. (A) Whenever proceedings in an administrative tribunal or a court 40 of this state result in a conviction for a crime under this chapter or a 41 traffic infraction under this chapter other than a traffic infraction 42 involving standing, stopping, parking or motor vehicle equipment or 43 violations by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR 44 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED 45 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi- 46 cation of liability of an owner for a violation of subdivision (d) of 47 section eleven hundred eleven of this chapter in accordance with section 48 eleven hundred eleven-d of this chapter, there shall be levied a manda- 49 tory surcharge, in addition to any sentence required or permitted by 50 law, in the amount of seventeen dollars. 51 (B)(I) WHENEVER: 52 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE 53 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A 54 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR 55 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI- 56 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND A. 6535 8 1 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY 2 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 3 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 4 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE 5 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE 6 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR 7 PERMITTED BY LAW. 8 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC 9 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY 10 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER 11 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF 12 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS 13 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR 14 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL 15 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED 16 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, 17 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE 18 LAWS OF NINETEEN HUNDRED FIFTY. 19 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC 20 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND 21 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING, 22 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM 23 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN 24 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY, 25 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP- 26 TER. 27 S 8. Subdivision 1 of section 1809 of the vehicle and traffic law, as 28 separately amended by chapter 16 of the laws of 1983 and chapter 62 of 29 the laws of 1989, is amended to read as follows: 30 1. (A) Whenever proceedings in an administrative tribunal or a court 31 of this state result in a conviction for a crime under this chapter or a 32 traffic infraction under this chapter other than a traffic infraction 33 involving standing, stopping, parking or motor vehicle equipment or 34 violations by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR 35 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED 36 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION there shall be levied a 37 mandatory surcharge, in addition to any sentence required or permitted 38 by law, in the amount of seventeen dollars. 39 (B)(I) WHENEVER: 40 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE 41 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A 42 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR 43 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI- 44 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND 45 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY 46 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 47 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 48 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE 49 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE 50 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR 51 PERMITTED BY LAW. 52 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC 53 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY 54 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER 55 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF 56 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS A. 6535 9 1 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR 2 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL 3 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED 4 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, 5 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE 6 LAWS OF NINETEEN HUNDRED FIFTY. 7 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC 8 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND 9 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING, 10 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM 11 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN 12 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY, 13 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP- 14 TER. 15 S 9. This act shall take effect on the first of November next succeed- 16 ing the date on which it shall have become a law and shall apply to 17 violations occurring on and after such effective date; provided that: 18 a. the amendments to subdivision 1 of section 1809 of the vehicle and 19 traffic law made by section two of this act shall be subject to the 20 expiration of such subdivision when upon such date the provisions of 21 section three of this act shall take effect; 22 b. the amendments to subdivision 1 of section 1809 of the vehicle and 23 traffic law made by section three of this act shall be subject to the 24 expiration of such subdivision when upon such date the provisions of 25 section four of this act shall take effect; 26 c. the amendments to subdivision 1 of section 1809 of the vehicle and 27 traffic law made by section four of this act shall be subject to the 28 expiration of such subdivision when upon such date the provisions of 29 section five of this act shall take effect; 30 d. the amendments to subdivision 1 of section 1809 of the vehicle and 31 traffic law made by section five of this act shall be subject to the 32 expiration of such subdivision when upon such date the provisions of 33 section six of this act shall take effect; 34 e. the amendments to subdivision 1 of section 1809 of the vehicle and 35 traffic law made by section six of this act shall be subject to the 36 expiration of such subdivision when upon such date the provisions of 37 section seven of this act shall take effect; and 38 f. the amendments to subdivision 1 of section 1809 of the vehicle and 39 traffic law made by section seven of this act shall be subject to the 40 expiration of such subdivision when upon such date the provisions of 41 section eight of this act shall take effect.