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

2 Co-sponsors

• Ruben Diaz
• David J. Valesky

BILL NUMBER:S1327

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

2005-2006: A.7795B 2009: S.5567A/A.8083A Reported and Committed to Codes

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.