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.
STATE OF NEW YORK
________________________________________________________________________
10080
IN ASSEMBLY
March 6, 2020
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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.