Relates to the "Heather D. Heyer act" which increases penalties where a vehicle is used as a weapon in a hate crime and makes it illegal to travel upon a roadway in a vehicle within 1000 feet of a protest.
STATE OF NEW YORK
2021-2022 Regular Sessions
February 19, 2021
Introduced by M. of A. PICHARDO, SAYEGH, REYES -- read once and referred
to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the penal law, in
relation to the use of a vehicle as a weapon
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Heather D.
2 Heyer act."
3 § 2. The vehicle and traffic law is amended by adding a new section
4 1229-e to read as follows:
5 § 1229-e. Driving near protests. 1. When a protest with over one
6 hundred people in attendance is occurring on a roadway, with the excep-
7 tion of police vehicles, emergency vehicles, and the vehicles of people
8 participating in the protest, no driver of a vehicle shall drive upon
9 such roadway within one thousand feet of the protest.
10 2. Whenever any vehicle, with the exception of police vehicles, emer-
11 gency vehicles, and the vehicles of people participating in the protest,
12 is stopped at a protest, the driver of any other vehicle approaching
13 from the rear shall not overtake and pass such stopped vehicle.
14 3. A violation of subdivision one or two of this section shall be a
15 traffic infraction and shall be punishable by a fine of not less than
16 three hundred dollars nor more than five hundred dollars. A person who
17 operates a vehicle in violation of such subdivisions after having been
18 convicted of a violation of such subdivisions within the preceding five
19 years shall be punished by a fine of not less than five hundred dollars
20 nor more than seven hundred fifty dollars. A person who operates a vehi-
21 cle in violation of such subdivisions after having been convicted two or
22 more times of a violation of such subdivisions within the preceding ten
23 years shall be guilty of a misdemeanor, and shall be punished by a fine
24 of not less than seven hundred fifty dollars nor more than fifteen
25 hundred dollars.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 5520 2
1 § 3. Section 485.10 of the penal law is amended by adding a new subdi-
2 vision 3-a to read as follows:
3 3-a. Notwithstanding any other provision of law, when a person is
4 convicted of a hate crime pursuant to this article where the underlying
5 offense is vehicular manslaughter or a dangerous instrument is used as a
6 weapon against a person during the commission of such hate crime, the
7 specified offense is a class A-1 felony with which the minimum period of
8 the indeterminate sentence shall not be less than twenty-five years.
9 § 4. This act shall take effect on the first of November next succeed-
10 ing the date on which it shall have become a law.