Bill Text: NY A04115 | 2017-2018 | General Assembly | Introduced

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Bill Title: Makes the commission of use of a mobile telephone or portable electronic device in a motor vehicle with a child therein, a misdemeanor punishable by a fine of between $150 and $500, imprisonment for not more than 90 days, or both such fine and imprisonment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A04115 Detail]

Download: New_York-2017-A04115-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4115
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2017
                                       ___________
        Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
          on Transportation
        AN ACT to amend the vehicle and traffic  law,  in  relation  to  use  of
          mobile  telephones and portable electronic devices while a child is in
          a motor vehicle
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 4 of section 1225-c of the vehicle and traffic
     2  law, as amended by section 6 of part B of chapter  55  of  the  laws  of
     3  2014, is amended to read as follows:
     4    4.  A  violation of subdivision two of this section shall be a traffic
     5  infraction and shall be punishable by a fine  of  not  less  than  fifty
     6  dollars  nor  more  than  two hundred dollars upon conviction of a first
     7  violation; upon conviction of a second violation,  both  of  which  were
     8  committed  within  a  period of eighteen months, such violation shall be
     9  punished by a fine of not less than fifty  dollars  nor  more  than  two
    10  hundred  fifty  dollars;  upon  conviction  of  a  third  or  subsequent
    11  violation, all of which were  committed  within  a  period  of  eighteen
    12  months,  such  violation  shall  be  punished by a fine of not less than
    13  fifty dollars nor more than four hundred fifty dollars; provided, howev-
    14  er, that if a child who is fifteen years of age or less is in the  motor
    15  vehicle at the time of the violation of subdivision two of this section,
    16  such  violation shall be a misdemeanor and shall be punishable by a fine
    17  of not less than one hundred fifty dollars nor more  than  five  hundred
    18  dollars,  imprisonment  for not more than ninety days, or both such fine
    19  and imprisonment.
    20    § 2. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
    21  as  amended by section 7 of part B of chapter 55 of the laws of 2014, is
    22  amended to read as follows:
    23    6. A violation of this section shall be a traffic infraction and shall
    24  be punishable by a fine of not less than fifty dollars nor more than two
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02346-01-7
        A. 4115                             2
     1  hundred dollars upon conviction of a first violation; upon conviction of
     2  a second violation, both of which were  committed  within  a  period  of
     3  eighteen  months, such violation shall be punished by a fine of not less
     4  than  fifty  dollars  nor  more  than  two  hundred  fifty dollars; upon
     5  conviction of a third or subsequent violation, all of which were commit-
     6  ted within a period of eighteen months, such violation shall be punished
     7  by a fine of not less than fifty dollars  nor  more  than  four  hundred
     8  fifty  dollars;  provided, however, that if a child who is fifteen years
     9  of age or less is in the motor vehicle at the time of the  violation  of
    10  this section, such violation shall be a misdemeanor and shall be punish-
    11  able  by a fine of not less than one hundred fifty dollars nor more than
    12  five hundred dollars, imprisonment for not more  than  ninety  days,  or
    13  both such fine and imprisonment.
    14    §  3.  This  act  shall  take  effect  on  the first of September next
    15  succeeding the date on which it shall have become a law.