What's happening
This bill prohibits driving near large protests and increases penalties for using vehicles as weapons, especially in hate crimes.
Why it matters
Establishes strict buffer zones around large protests. by banning most vehicles from driving within 1,000 feet of protests with over 100 people, aiming to reduce the risk of cars being used to intimidate or harm demonstrators.
Introduces escalating penalties for violating protest buffer zones. , including significant fines for repeat offenders and potential misdemeanor charges, which may deter reckless or aggressive driving near protests.
Creates harsher sentencing for hate crimes involving vehicles. , making vehicular manslaughter or use of a vehicle as a weapon in a hate crime an A-1 felony with a minimum sentence of 25 years, reflecting the seriousness of such attacks.
Clarifies exceptions for emergency and participating vehicles. , balancing public safety concerns with the need for law enforcement and protester access, but likely raising questions about enforcement and the definition of protest-related vehicles.
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Who cares
Drivers near protests
The bill would bar most drivers from roadways within 1,000 feet of a protest attended by more than 100 people and prohibit passing certain vehicles stopped at a protest, with escalating fines and a misdemeanor for repeated violations.
Protest participants and organizers
The bill would restrict nearby traffic at qualifying roadway protests while exempting participants’ vehicles from the 1,000-foot driving ban.
Police and emergency responders
Their vehicles would be exempt from the 1,000-foot driving ban near qualifying roadway protests.
Prosecutors and criminal defense attorneys
The bill would make hate crimes involving an underlying vehicular manslaughter offense or a dangerous instrument used as a weapon against a person class A-1 felonies, with a minimum indeterminate sentence of at least 25 years.
Headline styles
Restrict Cars Near Protests
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2248
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. PICHARDO -- 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 Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Heather D. Heyer act."
§ 2. The vehicle and traffic law is amended by adding a new section 1229-e to read as follows:
§ 1229-e. Driving near protests. 1. When a protest with over one hundred people in attendance is occurring on a roadway, with the exception of police vehicles, emergency vehicles, and the vehicles of people participating in the protest, no driver of a vehicle shall drive upon such roadway within one thousand feet of the protest.
2. Whenever any vehicle, with the exception of police vehicles, emergency vehicles, and the vehicles of people participating in the protest, is stopped at a protest, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
3. A violation of subdivision one or two of this section shall be a traffic infraction and shall be punishable by a fine of not less than three hundred dollars nor more than five hundred dollars. A person who operates a vehicle in violation of such subdivisions after having been convicted of a violation of such subdivisions within the preceding five years shall be punished by a fine of not less than five hundred dollars nor more than seven hundred fifty dollars. A person who operates a vehicle in violation of such subdivisions after having been convicted two or more times of a violation of such subdivisions within the preceding ten years shall be guilty of a misdemeanor, and shall be punished by a fine of not less than seven hundred fifty dollars nor more than fifteen hundred dollars.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06429-01-9
A. 2248 2
§ 3. Section 485.10 of the penal law is amended by adding a new subdivision 3-a to read as follows:
3-a. Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article where the underlying offense is vehicular manslaughter or a dangerous instrument is used as a weapon against a person during the commission of such hate crime, the specified offense is a class A-1 felony with which the minimum period of the indeterminate sentence shall not be less than twenty-five years.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.