New York Assembly Bill A02763 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 2763 2023-2024 Regular Sessions  IN ASSEMBLY January 27, 2023 ___________ Introduced by M. of A. TAGUE, DeSTEFANO, DURSO -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to increasing the penalty for certain traffic violations when such violations arise out of the same incident as a conviction for failure to move over and when such violations occurred in a work zone The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 1225-c of the vehicle and traffic 2 law, as amended by section 6 of part B of chapter 55 of the laws of 3 2014, is amended to read as follows: 4 4. (a) A violation of subdivision two of this section shall be a traf- 5 fic infraction and shall be punishable by a fine of not less than fifty 6 dollars nor more than two hundred dollars upon conviction of a first 7 violation; upon conviction of a second violation, both of which were 8 committed within a period of eighteen months, such violation shall be 9 punished by a fine of not less than fifty dollars nor more than two 10 hundred fifty dollars; upon conviction of a third or subsequent 11 violation, all of which were committed within a period of eighteen 12 months, such violation shall be punished by a fine of not less than 13 fifty dollars nor more than four hundred fifty dollars. 14 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 15 sion a violation of subdivision two of this section arising out of the 16 same incident as a conviction for a violation of section eleven hundred 17 forty-four-a of this title shall be a traffic infraction and shall be 18 punishable by a fine of not less than one hundred dollars nor more than 19 four hundred dollars upon conviction of a first violation; upon 20 conviction of a second violation, both of which were committed within a 21 period of eighteen months, such violation shall be punished by a fine of 22 not less than one hundred dollars nor more than five hundred dollars; 23 upon conviction of a third or subsequent violation, all of which were EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05808-01-3 
 A. 2763 2 1 committed within a period of eighteen months, such violation shall be 2 punished by a fine of not less than one hundred dollars nor more than 3 nine hundred dollars. 4 (c) Notwithstanding the provisions of paragraph (a) of this subdivi- 5 sion a violation of subdivision two of this section which occurred in a 6 highway construction or maintenance work area shall be a traffic infrac- 7 tion and shall be punishable by a fine of not less than one hundred 8 dollars nor more than four hundred dollars upon conviction of a first 9 violation; upon conviction of a second violation, both of which were 10 committed within a period of eighteen months, such violation shall be 11 punished by a fine of not less than one hundred dollars nor more than 12 five hundred dollars; upon conviction of a third or subsequent 13 violation, all of which were committed within a period of eighteen 14 months, such violation shall be punished by a fine of not less than one 15 hundred dollars nor more than nine hundred dollars. 16 § 2. Subdivision 6 of section 1225-d of the vehicle and traffic law, 17 as amended by section 7 of part B of chapter 55 of the laws of 2014, is 18 amended to read as follows: 19 6. (a) A violation of this section shall be a traffic infraction and 20 shall be punishable by a fine of not less than fifty dollars nor more 21 than two hundred dollars upon conviction of a first violation; upon 22 conviction of a second violation, both of which were committed within a 23 period of eighteen months, such violation shall be punished by a fine of 24 not less than fifty dollars nor more than two hundred fifty dollars; 25 upon conviction of a third or subsequent violation, all of which were 26 committed within a period of eighteen months, such violation shall be 27 punished by a fine of not less than fifty dollars nor more than four 28 hundred fifty dollars. 29 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 30 sion a violation of this section arising out of the same incident as a 31 conviction for a violation of section eleven hundred forty-four-a of 32 this title shall be a traffic infraction and shall be punishable by a 33 fine of not less than one hundred dollars nor more than four hundred 34 dollars upon conviction of a first violation; upon conviction of a 35 second violation, both of which were committed within a period of eigh- 36 teen months, such violation shall be punished by a fine of not less than 37 one hundred dollars nor more than five hundred dollars; upon conviction 38 of a third or subsequent violation, all of which were committed within a 39 period of eighteen months, such violation shall be punished by a fine of 40 not less than one hundred dollars nor more than nine hundred dollars. 41 (c) Notwithstanding the provisions of paragraph (a) of this subdivi- 42 sion a violation of subdivision two of this section which occurred in a 43 highway construction or maintenance work area shall be a traffic infrac- 44 tion and shall be punishable by a fine of not less than one hundred 45 dollars nor more than four hundred dollars upon conviction of a first 46 violation; upon conviction of a second violation, both of which were 47 committed within a period of eighteen months, such violation shall be 48 punished by a fine of not less than one hundred dollars nor more than 49 five hundred dollars; upon conviction of a third or subsequent 50 violation, all of which were committed within a period of eighteen 51 months, such violation shall be punished by a fine of not less than one 52 hundred dollars nor more than nine hundred dollars. 53 § 3. This act shall take effect on the ninetieth day after it shall 54 have become a law.