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A04331 Summary:

BILL NOA04331
 
SAME ASNo Same As
 
SPONSORTague
 
COSPNSRDeStefano, Durso
 
MLTSPNSR
 
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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A04331 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4331
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        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.
                                                                   LBD06413-01-5

        A. 4331                             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.
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