Bill Text: NY A01516 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits a pedestrian from using a portable electronic device while crossing a roadway.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to transportation [A01516 Detail]

Download: New_York-2019-A01516-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1516--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 15, 2019
                                       ___________

        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Transportation  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT to amend the vehicle and traffic law, in relation to prohibiting
          a pedestrian from using a portable electronic device while crossing  a
          roadway

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 1158 to read as follows:
     3    §  1158.  Use of portable electronic devices.  (a) No pedestrian shall
     4  cross a roadway at any point while using any portable electronic device.
     5    (b) For purposes of this  section:  1.  "Portable  electronic  device"
     6  shall  mean any handheld mobile telephone, as defined by subdivision one
     7  of section twelve hundred twenty-five-c of this title, personal  digital
     8  assistant (PDA), handheld device with mobile data access, laptop comput-
     9  er,  pager,  broadband  personal communication device, two-way messaging
    10  device, electronic game, or portable  computing  device,  or  any  other
    11  electronic device when used to input, write, send, receive, or read text
    12  for present or future communication.
    13    2. "Using" shall mean holding a portable electronic device while view-
    14  ing,  taking  or transmitting images, playing games, or, for the purpose
    15  of present or future communication: performing a command or  request  to
    16  access  a  world  wide  web  page, composing, sending, reading, viewing,
    17  accessing, browsing, transmitting, saving  or  retrieving  e-mail,  text
    18  messages, instant messages, or other electronic data.
    19    (c)  Subdivision (a) of this section shall not apply to: 1. the use of
    20  a portable electronic device for the sole purpose of communicating  with
    21  any  of  the  following  regarding  an emergency situation: an emergency
    22  response operator; a hospital; a physician's office or health clinic; an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05834-03-9
        A. 1516--A                          2

     1  ambulance company or corps; a fire department, district or company; or a
     2  police department; and
     3    2.  any  of  the  following  persons while in the performance of their
     4  official duties: a police officer or peace officer; a member of  a  fire
     5  department,  district or company; or the operator of an authorized emer-
     6  gency vehicle as defined in section one hundred one of this chapter.
     7    (d) A violation of this section shall be punishable by a fine of twen-
     8  ty-five dollars upon conviction of a first violation; upon conviction of
     9  a second or subsequent violation, both of which were committed within  a
    10  period  of  eighteen months, such violations shall be punished by a fine
    11  of fifty dollars.
    12    § 2. This act shall take effect immediately.