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A04223 Summary:

BILL NOA04223
 
SAME ASNo Same As
 
SPONSORTague (MS)
 
COSPNSRMorinello, DeStefano, Durso
 
MLTSPNSRTaylor
 
Amd §§1225-c & 1225-d, V & T L
 
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.
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A04223 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4223
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2021
                                       ___________
 
        Introduced by M. of A. TAGUE, MORINELLO, DeSTEFANO -- Multi-Sponsored by
          --  M.  of  A.    TAYLOR -- 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;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06598-01-1

        A. 4223                             2
 
     1  upon conviction of a third or subsequent violation, all  of  which  were
     2  committed  within  a  period of eighteen months, such violation shall be
     3  punished by a fine of not less than one hundred dollars  nor  more  than
     4  nine hundred dollars.
     5    (c)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
     6  sion a violation of subdivision two of this section which occurred in  a
     7  highway construction or maintenance work area shall be a traffic infrac-
     8  tion  and  shall  be  punishable  by a fine of not less than one hundred
     9  dollars nor more than four hundred dollars upon conviction  of  a  first
    10  violation;  upon  conviction  of  a second violation, both of which were
    11  committed within a period of eighteen months, such  violation  shall  be
    12  punished  by  a  fine of not less than one hundred dollars nor more than
    13  five  hundred  dollars;  upon  conviction  of  a  third  or   subsequent
    14  violation,  all  of  which  were  committed  within a period of eighteen
    15  months, such violation shall be punished by a fine of not less than  one
    16  hundred dollars nor more than nine hundred dollars.
    17    §  2.  Subdivision 6 of section 1225-d of the vehicle and traffic law,
    18  as amended by section 7 of part B of chapter 55 of the laws of 2014,  is
    19  amended to read as follows:
    20    6.  (a)  A violation of this section shall be a traffic infraction and
    21  shall be punishable by a fine of not less than fifty  dollars  nor  more
    22  than  two  hundred  dollars  upon  conviction of a first violation; upon
    23  conviction of a second violation, both of which were committed within  a
    24  period of eighteen months, such violation shall be punished by a fine of
    25  not  less  than  fifty  dollars nor more than two hundred fifty dollars;
    26  upon conviction of a third or subsequent violation, all  of  which  were
    27  committed  within  a  period of eighteen months, such violation shall be
    28  punished by a fine of not less than fifty dollars  nor  more  than  four
    29  hundred fifty dollars.
    30    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    31  sion a violation of this section arising out of the same incident  as  a
    32  conviction  for  a  violation  of section eleven hundred forty-four-a of
    33  this title shall be a traffic infraction and shall be  punishable  by  a
    34  fine  of  not  less  than one hundred dollars nor more than four hundred
    35  dollars upon conviction of a  first  violation;  upon  conviction  of  a
    36  second  violation, both of which were committed within a period of eigh-
    37  teen months, such violation shall be punished by a fine of not less than
    38  one hundred dollars nor more than five hundred dollars; upon  conviction
    39  of a third or subsequent violation, all of which were committed within a
    40  period of eighteen months, such violation shall be punished by a fine of
    41  not less than one hundred dollars nor more than nine hundred dollars.
    42    (c)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    43  sion a violation of subdivision two of this section which occurred in  a
    44  highway construction or maintenance work area shall be a traffic infrac-
    45  tion  and  shall  be  punishable  by a fine of not less than one hundred
    46  dollars nor more than four hundred dollars upon conviction  of  a  first
    47  violation;  upon  conviction  of  a second violation, both of which were
    48  committed within a period of eighteen months, such  violation  shall  be
    49  punished  by  a  fine of not less than one hundred dollars nor more than
    50  five  hundred  dollars;  upon  conviction  of  a  third  or   subsequent
    51  violation,  all  of  which  were  committed  within a period of eighteen
    52  months, such violation shall be punished by a fine of not less than  one
    53  hundred dollars nor more than nine hundred dollars.
    54    §  3.  This  act shall take effect on the ninetieth day after it shall
    55  have become a law.
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