S T A T E O F N E W Y O R K ________________________________________________________________________ 8038--A 2009-2010 Regular Sessions I N A S S E M B L Y May 1, 2009 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Transportation -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 section 4 6 of chapter 19, sections 17 of chapters 20, 21 and 22 and section 4 of 7 chapter 23 of the laws of 2009, is amended to read as follows: 8 1. Whenever proceedings in an administrative tribunal or a court of 9 this state result in a conviction for an offense under this chapter or a 10 traffic infraction under this chapter, or a local law, ordinance, rule 11 or regulation adopted pursuant to this chapter, other than a traffic 12 infraction involving standing, stopping, or parking or violations by 13 pedestrians or bicyclists, or other than an adjudication of liability of 14 an owner for a violation of subdivision (d) of section eleven hundred 15 eleven of this chapter in accordance with section eleven hundred 16 eleven-a of this chapter, or other than an adjudication of liability of 17 an owner for a violation of subdivision (d) of section eleven hundred 18 eleven of this chapter in accordance with section eleven hundred 19 eleven-b of this chapter, there shall be levied a crime victim assist- 20 ance fee and a mandatory surcharge, in addition to any sentence required 21 or permitted by law, in accordance with the following schedule: 22 (a) Whenever proceedings in an administrative tribunal or a court of 23 this state result in a conviction for a traffic infraction pursuant to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02916-04-9 A. 8038--A 2 1 article nine of this chapter, there shall be levied a crime victim 2 assistance fee in the amount of five dollars and a mandatory surcharge, 3 in addition to any sentence required or permitted by law, in the amount 4 of twenty-five dollars. 5 (b) Whenever proceedings in an administrative tribunal or a court of 6 this state result in a conviction for a misdemeanor or felony pursuant 7 to section eleven hundred ninety-two of this chapter, there shall be 8 levied, in addition to any sentence required or permitted by law, a 9 crime victim assistance fee in the amount of twenty-five dollars and a 10 mandatory surcharge in accordance with the following schedule: 11 (i) a person convicted of a felony shall pay a mandatory surcharge of 12 three hundred dollars; 13 (ii) a person convicted of a misdemeanor shall pay a mandatory 14 surcharge of one hundred seventy-five dollars. 15 (c) Whenever proceedings in an administrative tribunal or a court of 16 this state result in a conviction for an offense under this chapter 17 other than a crime pursuant to section eleven hundred ninety-two of this 18 chapter, or a traffic infraction under this chapter, or a local law, 19 ordinance, rule or regulation adopted pursuant to this chapter, other 20 than a traffic infraction involving standing, stopping, or parking or 21 violations by pedestrians or bicyclists, or other than an adjudication 22 of liability of an owner for a violation of subdivision (d) of section 23 eleven hundred eleven of this chapter in accordance with section eleven 24 hundred eleven-a of this chapter, or other than an adjudication of 25 liability of an owner for a violation of subdivision (d) of section 26 eleven hundred eleven of this chapter in accordance with section eleven 27 hundred eleven-b of this chapter, or other than an infraction pursuant 28 to article nine of this chapter or other than an adjudication of liabil- 29 ity of an owner for a violation of toll collection regulations pursuant 30 to section two thousand nine hundred eighty-five of the public authori- 31 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 32 hundred seventy-four of the laws of nineteen hundred fifty OR OTHER THAN 33 A CONVICTION FOR WHICH A MANDATORY SURCHARGE AND CRIME VICTIM'S ASSIST- 34 ANCE FEE ARE LEVIED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, there 35 shall be levied a crime victim assistance fee in the amount of five 36 dollars and a mandatory surcharge, in addition to any sentence required 37 or permitted by law, in the amount of fifty-five dollars. 38 (D)(I) WHENEVER: 39 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE 40 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A 41 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR 42 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI- 43 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND 44 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY 45 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 46 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 47 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE 48 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE 49 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR 50 PERMITTED BY LAW. 51 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC 52 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY 53 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER 54 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF 55 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS 56 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR A. 8038--A 3 1 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL 2 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED 3 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, 4 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE 5 LAWS OF NINETEEN HUNDRED FIFTY. 6 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC 7 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND 8 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING, 9 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM 10 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN 11 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY, 12 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP- 13 TER. 14 S 3. Subdivision 1 of section 1809 of the vehicle and traffic law, as 15 separately amended by section 5 of chapter 19, sections 18 of chapters 16 20, 21 and 22 and section 5 of chapter 23 of the laws of 2009, is 17 amended to read as follows: 18 1. (A) Whenever proceedings in an administrative tribunal or a court 19 of this state result in a conviction for a crime under this chapter or a 20 traffic infraction under this chapter, or a local law, ordinance, rule 21 or regulation adopted pursuant to this chapter, other than a traffic 22 infraction involving standing, stopping, parking or motor vehicle equip- 23 ment or violations by pedestrians or bicyclists, or other than an adju- 24 dication of liability of an owner for a violation of subdivision (d) of 25 section eleven hundred eleven of this chapter in accordance with section 26 eleven hundred eleven-a of this chapter, OR OTHER THAN A CONVICTION FOR 27 WHICH A MANDATORY SURCHARGE AND CRIME VICTIMS ASSISTANCE FEE ARE LEVIED 28 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi- 29 cation of liability of an owner for a violation of subdivision (d) of 30 section eleven hundred eleven of this chapter in accordance with section 31 eleven hundred eleven-b of this chapter, there shall be levied a manda- 32 tory surcharge, in addition to any sentence required or permitted by 33 law, in the amount of twenty-five dollars. 34 (B)(I) WHENEVER: 35 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE 36 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A 37 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR 38 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI- 39 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND 40 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY 41 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 42 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 43 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE 44 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE 45 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR 46 PERMITTED BY LAW. 47 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC 48 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY 49 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER 50 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF 51 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS 52 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR 53 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL 54 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED 55 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, A. 8038--A 4 1 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE 2 LAWS OF NINETEEN HUNDRED FIFTY. 3 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC 4 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND 5 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING, 6 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM 7 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN 8 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY, 9 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP- 10 TER. 11 S 4. Subdivision 1 of section 1809 of the vehicle and traffic law, as 12 separately amended by chapter 16 of the laws of 1983 and chapter 62 of 13 the laws of 1989, is amended to read as follows: 14 1. (A) Whenever proceedings in an administrative tribunal or a court 15 of this state result in a conviction for a crime under this chapter or a 16 traffic infraction under this chapter other than a traffic infraction 17 involving standing, stopping, parking or motor vehicle equipment or 18 violations by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR 19 WHICH A MANDATORY SURCHARGE AND CRIME VICTIMS ASSISTANCE FEE ARE LEVIED 20 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, there shall be levied a 21 mandatory surcharge, in addition to any sentence required or permitted 22 by law, in the amount of seventeen dollars. 23 (B)(I) WHENEVER: 24 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE 25 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A 26 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR 27 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI- 28 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND 29 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY 30 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN 31 PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED 32 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE 33 FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE IN THE 34 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR 35 PERMITTED BY LAW. 36 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC 37 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY 38 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER 39 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF 40 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS 41 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR 42 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL 43 COLLECTION REGULATIONS PURSUANT TO SECTION TWO THOUSAND NINE HUNDRED 44 EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, 45 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE 46 LAWS OF NINETEEN HUNDRED FIFTY. 47 (III) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC 48 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND 49 THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING, 50 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM 51 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN 52 HUNDRED TWENTY, SIXTEEN HUNDRED TWENTY-TWO, SIXTEEN HUNDRED THIRTY, 53 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP- 54 TER. A. 8038--A 5 1 S 5. This act shall take effect on the first of November next succeed- 2 ing the date on which it shall have become a law and shall apply to 3 violations occurring on and after such effective date; provided that: 4 a. the amendments to subdivision 1 of section 1809 of the vehicle and 5 traffic law made by section two of this act shall be subject to the 6 expiration of such subdivision when upon such date the provisions of 7 section three of this act shall take effect; and 8 b. the amendments to subdivision 1 of section 1809 of the vehicle and 9 traffic law made by section three of this act shall be subject to the 10 expiration of such subdivision when upon such date the provisions of 11 section four of this act shall take effect.