Bill Text: NY S00100 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the use of portable electronic devices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S00100 Detail]
Download: New_York-2011-S00100-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 100 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. DIAZ -- 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 the use of portable electronic devices while driving THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (b) of subdivision 2 of section 1225-d of the 2 vehicle and traffic law, as added by chapter 403 of the laws of 2009, is 3 amended to read as follows: 4 (b) "Using" shall mean holding a portable electronic device while (I) 5 viewing, taking or transmitting images, (II) playing games, or (III) 6 composing, sending, reading, viewing, accessing, browsing, transmitting, 7 saving or retrieving e-mail, text messages, or other electronic data. 8 S 2. Subdivision 4 of section 1225-d of the vehicle and traffic law, 9 as added by chapter 403 of the laws of 2009, is amended to read as 10 follows: 11 4. A person who holds a portable electronic device in a conspicuous 12 manner while operating a motor vehicle is presumed to be using such 13 device. The presumption established by this subdivision is rebuttable by 14 evidence [showing] TENDING TO SHOW that the operator was not using the 15 device within the meaning of this section. 16 S 3. Subdivision 6 of section 1225-d of the vehicle and traffic law, 17 as added by chapter 403 of the laws of 2009, is amended to read as 18 follows: 19 6. A violation of this section shall be a traffic infraction and shall 20 be punishable by a fine of not more than one hundred fifty dollars. 21 [Provided, however, that a summons for operating a motor vehicle in 22 violation of this section shall only be issued when there is reasonable 23 cause to believe that the person operating such motor vehicle has 24 committed a violation of the laws of this state other than a violation 25 of this section.] 26 S 4. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03315-01-1