Bill Text: NY A10080 | 2019-2020 | General Assembly | Introduced


Bill Title: Doubles the penalties for use of mobile telephones and use of portable electronic devices 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.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2020-03-06 - referred to transportation [A10080 Detail]

Download: New_York-2019-A10080-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10080

                   IN ASSEMBLY

                                      March 6, 2020
                                       ___________

        Introduced  by M. of A. TAGUE -- 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
    24  committed  within  a  period of eighteen months, such violation shall be
    25  punished by a fine of not less than one hundred dollars  nor  more  than
    26  nine hundred dollars.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14500-02-0

        A. 10080                            2

     1    (c)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
     2  sion a violation of subdivision two of this section which occurred in  a
     3  highway construction or maintenance work area shall be a traffic infrac-
     4  tion  and  shall  be  punishable  by a fine of not less than one hundred
     5  dollars  nor  more  than four hundred dollars upon conviction of a first
     6  violation; upon conviction of a second violation,  both  of  which  were
     7  committed  within  a  period of eighteen months, such violation shall be
     8  punished by a fine of not less than one hundred dollars  nor  more  than
     9  five   hundred  dollars;  upon  conviction  of  a  third  or  subsequent
    10  violation, all of which were  committed  within  a  period  of  eighteen
    11  months,  such violation shall be punished by a fine of not less than one
    12  hundred dollars nor more than nine hundred dollars.
    13    § 2. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
    14  as  amended by section 7 of part B of chapter 55 of the laws of 2014, is
    15  amended to read as follows:
    16    6. (a) A violation of this section shall be a traffic  infraction  and
    17  shall  be  punishable  by a fine of not less than fifty dollars nor more
    18  than two hundred dollars upon conviction  of  a  first  violation;  upon
    19  conviction  of a second violation, both of which were committed within a
    20  period of eighteen months, such violation shall be punished by a fine of
    21  not less than fifty dollars nor more than  two  hundred  fifty  dollars;
    22  upon  conviction  of  a third or subsequent violation, all of which were
    23  committed within a period of eighteen months, such  violation  shall  be
    24  punished  by  a  fine  of not less than fifty dollars nor more than four
    25  hundred fifty dollars.
    26    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    27  sion  a  violation of this section arising out of the same incident as a
    28  conviction for a violation of section  eleven  hundred  forty-four-a  of
    29  this  title  shall  be a traffic infraction and shall be punishable by a
    30  fine of not less than one hundred dollars nor  more  than  four  hundred
    31  dollars  upon  conviction  of  a  first  violation; upon conviction of a
    32  second violation, both of which were committed within a period of  eigh-
    33  teen months, such violation shall be punished by a fine of not less than
    34  one  hundred dollars nor more than five hundred dollars; upon conviction
    35  of a third or subsequent violation, all of which were committed within a
    36  period of eighteen months, such violation shall be punished by a fine of
    37  not less than one hundred dollars nor more than nine hundred dollars.
    38    (c) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    39  sion  a violation of subdivision two of this section which occurred in a
    40  highway construction or maintenance work area shall be a traffic infrac-
    41  tion and shall be punishable by a fine of  not  less  than  one  hundred
    42  dollars  nor  more  than four hundred dollars upon conviction of a first
    43  violation; upon conviction of a second violation,  both  of  which  were
    44  committed  within  a  period of eighteen months, such violation shall be
    45  punished by a fine of not less than one hundred dollars  nor  more  than
    46  five   hundred  dollars;  upon  conviction  of  a  third  or  subsequent
    47  violation, all of which were  committed  within  a  period  of  eighteen
    48  months,  such violation shall be punished by a fine of not less than one
    49  hundred dollars nor more than nine hundred dollars.
    50    § 3. This act shall take effect on the ninetieth day  after  it  shall
    51  have become a law.
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