S399-2013 - NY Senate Open Legislation - Enacts Clarente's Law, imposing a mandatory surcharge and crime victim assistance fee for a moving violation occurring within a school traffic safety and speed zone

Enacts Clarente's Law, imposing a mandatory surcharge and crime victim assistance fee for a moving violation occurring within a school traffic safety and speed zone.

Sponsor: DILAN
Law Section: Vehicle and Traffic Law / Law: Amd S1809, V & T L

S399-2013 Actions

May 6, 2013: ADVANCED TO THIRD READING
May 1, 2013: 2ND REPORT CAL.
Apr 30, 2013: 1ST REPORT CAL.499
Jan 9, 2013: REFERRED TO TRANSPORTATION

S399-2013 Meetings

Transportation: Apr 30, 2013

S399-2013 Calendars

Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013

S399-2013 Votes

VOTE: COMMITTEE VOTE: - Transportation - Apr 30, 2013

Ayes (14): Fuschillo, Robach, Carlucci, Larkin, Nozzolio, Ranzenhofer, Young, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson
Ayes W/R (4): Gallivan, Maziarz, O'Mara, Zeldin

S399-2013 Memo

BILL NUMBER:S399

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to
surcharges for moving violations in school traffic safety and speed zones

PURPOSE OR GENERAL IDEA OF BILL:
Increases the mandatory surcharge on
certain moving violations committed within School Traffic Safety and
Speed Zones.

SUMMARY OF SPECIFIC PROVISIONS:
The bill amends subdivision 1 of
section 1809 of the Vehicle and Traffic Law to establish a mandatory
surcharge of $75.00 and a crime victims assistance fee of $5.00, in
addition to any sentence required or permitted by law, where certain
moving violations occur within school traffic safety and speed zones
as defined therein.

JUSTIFICATION:
On September 26, 2008, Clarente Turner, a six year old
boy, was truck and killed while waiting to cross the street with his
mother on a walk home from school. The diver of the vehicle
responsible for the crash that ultimately killed Clarente was
speeding to try to beat the traffic light. This accident occurred
within blocks of Clarente's school. The National Highway Traffic
Safety Administration (NHTSA) recently released a report that says
that motor vehicle crashes are the leading cause of death for
children ages 3 to 6 and 8 to 14.

The report also says that in 2007, there were a total of 41,059
traffic fatalities in the united States. The 14-and-younger age group
accounted for 4 percent (1,670) of those traffic fatalities. This age
group accounted for 4 percent (1,248) of all vehicle occupant
fatalities, 8 percent (200,000) of all the people injured in motor
vehicle crashes, and 7 percent (174,000) of all the vehicle occupants
injured in crashes.

Young children are especially at risk in school zones due to their
underdeveloped motor skills, coordination, sensory stimulation, and
balance. With the high concentration of children in and around public
schools, our state needs to take necessary steps to deter potential
traffic violations in school safety zones.

Establishing a mandatory surcharge in school safety zones will act as
an effective deterrent of potential traffic violations near schools,
decrease senseless tragedies, and create a safer environment. The
revenue generated will also aid our state in covering the costs of
emergency services, traffic precautions, and any other public
services related to the protection and care of children involved in
vehicle related accidents.

PRIOR LEGISLATIVE HISTORY:
2011-12:   S.1327/A.4410 - Reported and Committed to Codes in


           Assembly
2009-10:   S.5567A/A.8083A Reported and Committed to Codes in Senate
           and Assembly Ways and Means

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it shall have become a law and
shall apply to violations occurring on and after such effective date.

S399-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                           399
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation
 

AN ACT to amend the vehicle and traffic law, in relation  to  surcharges
 for moving violations in school traffic safety and speed zones
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. This act shall be known and may  be  cited  as  "Clarente's
 Law".
 

S  2. Subdivision 1 of section 1809 of the vehicle and traffic law, as
 amended by section 2 of part DD of chapter 56 of the laws of  2008,  the
 opening  paragraph and paragraph (c) as amended by section 10 of part II
 of chapter 59 of the laws of 2010, is amended to read as follows:

 1. Whenever proceedings in an administrative tribunal or  a  court  of
 this state result in a conviction for an offense under this chapter or a
 traffic  infraction  under this chapter, or a local law, ordinance, rule
 or regulation adopted pursuant to this chapter,  other  than  a  traffic
 infraction  involving  standing,  stopping,  or parking or violations by
 pedestrians or bicyclists, or other than an adjudication of liability of
 an owner for a violation of subdivision (d) of  section  eleven  hundred
 eleven  of  this  chapter  in  accordance  with  section  eleven hundred
 eleven-a of this chapter, or other than an adjudication of liability  of
 an  owner  for  a violation of subdivision (d) of section eleven hundred
 eleven of  this  chapter  in  accordance  with  section  eleven  hundred
 eleven-b  of  this  chapter, or other than an adjudication in accordance
 with section eleven hundred eleven-c of this chapter for a violation  of
 a bus lane restriction as defined in such section, there shall be levied
 a  crime victim assistance fee and a mandatory surcharge, in addition to
 any sentence required or  permitted  by  law,  in  accordance  with  the
 following schedule:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00108-01-3
        S. 399                              2
 (a)  Whenever  proceedings in an administrative tribunal or a court of
 this state result in a conviction for a traffic infraction  pursuant  to
 article  nine  of  this  chapter,  there  shall be levied a crime victim
 assistance fee in the amount of five dollars and a mandatory  surcharge,
 in  addition to any sentence required or permitted by law, in the amount
 of twenty-five dollars.
 (b) Whenever proceedings in an administrative tribunal or a  court  of
 this  state  result in a conviction for a misdemeanor or felony pursuant
 to section eleven hundred ninety-two of this  chapter,  there  shall  be
 levied,  in  addition  to  any  sentence required or permitted by law, a
 crime victim assistance fee in the amount of twenty-five dollars  and  a
 mandatory surcharge in accordance with the following schedule:

 (i)  a person convicted of a felony shall pay a mandatory surcharge of
 three hundred dollars;
 (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
 surcharge of one hundred seventy-five dollars.
 (c)  Whenever  proceedings in an administrative tribunal or a court of
 this state result in a conviction for  an  offense  under  this  chapter
 other than a crime pursuant to section eleven hundred ninety-two of this
 chapter,  or  a  traffic  infraction under this chapter, or a local law,
 ordinance, rule or regulation adopted pursuant to  this  chapter,  other
 than  a  traffic  infraction involving standing, stopping, or parking or
 violations by pedestrians or bicyclists, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
 liability of an owner for a violation  of  subdivision  (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-b of this chapter, or other than an  infraction  pursuant
 to article nine of this chapter or other than an adjudication of liabil
 ity  of an owner for a violation of toll collection regulations pursuant
 to section two thousand nine hundred eighty-five of the public  authori
 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
 hundred seventy-four of the laws of nineteen hundred fifty or other than
 an  adjudication  in  accordance with section eleven hundred eleven-c of
 this chapter for a violation of a bus lane  restriction  as  defined  in
 such section, OR OTHER THAN A CONVICTION FOR WHICH A MANDATORY SURCHARGE
 AND  CRIME VICTIM ASSISTANCE FEE ARE LEVIED PURSUANT TO PARAGRAPH (D) OF
 THIS SUBDIVISION, there shall be levied a crime victim assistance fee in
 the amount of five dollars and a mandatory surcharge, in addition to any
 sentence required or permitted by  law,  in  the  amount  of  fifty-five
 dollars.
 (D)(I) WHENEVER:

 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
 RESULT  IN  A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A
 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER)  OR
 FOR  A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI
 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL  TRAFFIC  SAFETY
 AND  SPEED  ZONE  WHEN  A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
 PARAGRAPHS ONE AND TWO OF SUBDIVISION  (C)  OF  SECTION  ELEVEN  HUNDRED
 EIGHTY  OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE
 FEE IN THE AMOUNT OF FIVE DOLLARS  AND  A  MANDATORY  SURCHARGE  IN  THE
 AMOUNT  OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR
 PERMITTED BY LAW.
        S. 399                              3
 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A)  TRAFFIC
 INFRACTIONS  INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN  OWNER
 FOR  A  VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER;  OR
 (E)  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
 COLLECTION REGULATIONS PURSUANT TO SECTION  TWO  THOUSAND  NINE  HUNDRED
 EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN  HUNDRED  SEVENTY-FOUR  OF  THE
 LAWS OF NINETEEN HUNDRED FIFTY.
 (III)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE  THOUSAND
 THREE  HUNDRED  TWENTY  FEET  ON  A  HIGHWAY  PASSING A SCHOOL BUILDING,
 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
 HUNDRED TWENTY, SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN  HUNDRED  THIRTY,
 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP
 TER.
 

S  3. Subdivision 1 of section 1809 of the vehicle and traffic law, as
 amended by section 10-a of part II of chapter 59 of the laws of 2010, is
 amended to read as follows:

 1. (A) Whenever proceedings in an administrative tribunal or  a  court
 of this state result in a conviction for a crime under this chapter or a
 traffic  infraction  under this chapter, or a local law, ordinance, rule
 or regulation adopted pursuant to this chapter,  other  than  a  traffic
 infraction involving standing, stopping, parking or motor vehicle equip
 ment  or violations by pedestrians or bicyclists, or other than an adju
 dication of liability of an owner for a violation of subdivision (d)  of
 section eleven hundred eleven of this chapter in accordance with section
 eleven  hundred eleven-a of this chapter, OR OTHER THAN A CONVICTION FOR
 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE  ARE  LEVIED
 PURSUANT  TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi
 cation of liability of an owner for a violation of  subdivision  (d)  of
 section eleven hundred eleven of this chapter in accordance with section
 eleven  hundred  eleven-b of this chapter, or other than an adjudication
 in accordance with section eleven hundred eleven-c of this chapter for a
 violation of a bus lane restriction as defined in  such  section,  there
 shall  be  levied  a  mandatory  surcharge,  in addition to any sentence
 required or permitted by law, in the amount of twenty-five dollars.
 (B)(I) WHENEVER:

 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
 RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER  THAN  A
 CRIME  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
 FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW,  ORDI
 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
 (B)  SUCH  OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
 AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN  EFFECT  AS  PROVIDED  IN
 PARAGRAPHS  ONE  AND  TWO  OF  SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
 EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM  ASSISTANCE
 FEE  IN  THE  AMOUNT  OF  FIVE  DOLLARS AND A MANDATORY SURCHARGE IN THE
 AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED  OR
 PERMITTED BY LAW.
 (II)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
 INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS  BY
 PEDESTRIANS  OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
        S. 399                              4
 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF
 THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
 CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER;  OR
 (E)  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
 COLLECTION REGULATIONS PURSUANT TO SECTION  TWO  THOUSAND  NINE  HUNDRED
 EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
 SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN  HUNDRED  SEVENTY-FOUR  OF  THE
 LAWS OF NINETEEN HUNDRED FIFTY.
 (III)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
 SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE  THOUSAND
 THREE  HUNDRED  TWENTY  FEET  ON  A  HIGHWAY  PASSING A SCHOOL BUILDING,
 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
 HUNDRED TWENTY, SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN  HUNDRED  THIRTY,
 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP
 TER.
 

S  4. Subdivision 1 of section 1809 of the vehicle and traffic law, as
 amended by section 10-b of part II of chapter 59 of the laws of 2010, is
 amended to read as follows:

 1. (A) Whenever proceedings in an administrative tribunal or  a  court
 of this state result in a conviction for a crime under this chapter or a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR
 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE  ARE  LEVIED
 PURSUANT  TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi
 cation in accordance with section eleven hundred eleven-c of this  chap
 ter  for  a  violation  of  a  bus  lane  restriction as defined in such
 section, there shall be levied a mandatory surcharge, in addition to any
 sentence required or permitted  by  law,  in  the  amount  of  seventeen
 dollars.
 (B)(I) WHENEVER:

 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
 RESULT  IN  A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A
 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER)  OR
 FOR  A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI
 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL  TRAFFIC  SAFETY
 AND  SPEED  ZONE  WHEN  A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
 PARAGRAPHS ONE AND TWO OF SUBDIVISION  (C)  OF  SECTION  ELEVEN  HUNDRED
 EIGHTY  OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE
 FEE IN THE AMOUNT OF FIVE DOLLARS  AND  A  MANDATORY  SURCHARGE  IN  THE
 AMOUNT  OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR
 PERMITTED BY LAW.
 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A)  TRAFFIC
 INFRACTIONS  INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN  OWNER
 FOR  A  VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF  THIS
 CHAPTER;  (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION  OF  TOLL
 COLLECTION  REGULATIONS  PURSUANT  TO  SECTION TWO THOUSAND NINE HUNDRED
 EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
 SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
 LAWS OF NINETEEN HUNDRED FIFTY.
        S. 399                              5
 (III) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  TERM  "SCHOOL  TRAFFIC
 SAFETY  AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
 THREE HUNDRED TWENTY FEET  ON  A  HIGHWAY  PASSING  A  SCHOOL  BUILDING,
 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
 HUNDRED  TWENTY,  SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN HUNDRED THIRTY,
 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP
 TER.
 

S 5. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
 separately  amended  by chapter 16 of the laws of 1983 and chapter 62 of
 the laws of 1989, is amended to read as follows:

 1. (A) Whenever proceedings in an administrative tribunal or  a  court
 of this state result in a conviction for a crime under this chapter or a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR
 WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE  ARE  LEVIED
 PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION, there shall be levied a
 mandatory surcharge, in addition to any sentence required  or  permitted
 by law, in the amount of seventeen dollars.
 (B)(I) WHENEVER:

 (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
 RESULT  IN  A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A
 CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER)  OR
 FOR  A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI
 NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
 (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL  TRAFFIC  SAFETY
 AND  SPEED  ZONE  WHEN  A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
 PARAGRAPHS ONE AND TWO OF SUBDIVISION  (C)  OF  SECTION  ELEVEN  HUNDRED
 EIGHTY  OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE
 FEE IN THE AMOUNT OF FIVE DOLLARS  AND  A  MANDATORY  SURCHARGE  IN  THE
 AMOUNT  OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR
 PERMITTED BY LAW.
 (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A)  TRAFFIC
 INFRACTIONS  INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
 PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN  OWNER
 FOR  A  VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
 THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF  THIS
 CHAPTER;  (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
 (E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION  OF  TOLL
 COLLECTION  REGULATIONS  PURSUANT  TO  SECTION TWO THOUSAND NINE HUNDRED
 EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
 SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
 LAWS OF NINETEEN HUNDRED FIFTY.
 (III) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  TERM  "SCHOOL  TRAFFIC
 SAFETY  AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
 THREE HUNDRED TWENTY FEET  ON  A  HIGHWAY  PASSING  A  SCHOOL  BUILDING,
 ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
 SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
 HUNDRED  TWENTY,  SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN HUNDRED THIRTY,
 SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP
 TER.
 

S 6. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a  law  and  shall  apply  to
 violations occurring on and after such effective date; provided that:

        S. 399                              6
 a.  the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic law made by section two of this act  shall  be  subject  to  the
 expiration  of  such  subdivision  when upon such date the provisions of
 section three of this act shall take effect;
 b.  the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic law made by section three of this act shall be  subject  to  the
 expiration  of  such  subdivision  when upon such date the provisions of
 section four of this act shall take effect; and
 c. the amendments to subdivision 1 of section 1809 of the vehicle  and
 traffic  law  made  by  section four of this act shall be subject to the
 expiration of such subdivision when upon such  date  the  provisions  of
 section five of this act shall take effect.

S399-2013: Enacts Clarente's Law, imposing a mandatory surcharge and crime victim assistance fee for a moving violation occurring within a school traffic safety and speed zone