Bill Text: NY S01632 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits the operation of any motor vehicle equipped with a device which affects the operation of traffic-control signals; provides that the possession of such a device shall constitute a traffic infraction, use thereof is a class A misdemeanor, and use which results in personal injury or death shall constitute a class E felony.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2020-03-03 - referred to transportation [S01632 Detail]

Download: New_York-2019-S01632-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1632--A
            Cal. No. 53
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 15, 2019
                                       ___________
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation -- reported
          favorably from said committee, ordered to  first  and  second  report,
          ordered  to  a third reading, amended and ordered reprinted, retaining
          its place in the order of third reading
        AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
          the use of any device which affects the operation of a traffic-control
          signal
          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 154-a to read as follows:
     3    §  154-a.    Traffic-control  signal  preemption  device.  Any  device
     4  designed or used to change or attempt to change the  signal  indications
     5  of  a  traffic-control  signal  or  traffic-control  device.  This shall
     6  include, but not be limited to, a mobile infrared transmitter  or  other
     7  device  that  is  capable of sending a signal that interrupts or changes
     8  the sequence patterns of an official traffic-control device or  traffic-
     9  control signal.
    10    §  2.  The  vehicle and traffic law is amended by adding a new section
    11  397-c to read as follows:
    12    § 397-c. Unauthorized sale, purchase, or use of traffic-control signal
    13  preemption device.
    14    1. No person shall buy, possess, manufacture, install, sell, offer for
    15  sale,  or  otherwise  distribute  a  traffic-control  signal  preemption
    16  device,  unless  the  purchase,  possession,  manufacture, installation,
    17  sale, offer for sale, or distribution is for use of  the  device  by  an
    18  authorized emergency vehicle or public transportation vehicle.
    19    2.  (a) Excluding an authorized emergency vehicle or authorized public
    20  transportation vehicle operating within the scope of his or her official
    21  duties, no person shall operate any motor vehicle which he or she  knows
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00309-03-9
        S. 1632--A                          2
     1  is  equipped  with a traffic-control signal preemption device. The pres-
     2  ence in a motor vehicle of a traffic-control  signal  preemption  device
     3  connected  to a power source and in an operable condition is presumptive
     4  evidence  of  the  operator's  knowledge of the device. Such presumption
     5  shall be rebutted by any credible and reliable evidence which  tends  to
     6  show  that  the operator of the motor vehicle was not aware of the pres-
     7  ence of such device. The definition of an "authorized public transporta-
     8  tion vehicle" shall include, but not be limited to,  public  transporta-
     9  tion  authorized  under titles eleven, eleven-A, eleven-B, eleven-C, and
    10  eleven-D of article five of the public authorities law or public  trans-
    11  portation authorized under chapter one hundred fifty-four of the laws of
    12  of  nineteen  hundred  twenty-one  relating to the port authority of New
    13  York and New Jersey.
    14    (b) The provisions of this section shall not apply to any person using
    15  such a device while engaged in the authorized maintenance or repair of a
    16  traffic-control signal.
    17    (c) Authorized emergency vehicle personnel shall only operate a traff-
    18  ic-control signal preemption device in the course of an emergency opera-
    19  tion.
    20    3. (a) Unauthorized manufacture, installation, sale, offer  for  sale,
    21  or  distribution  of  a  traffic-control  signal  preemption  device  in
    22  violation of subdivision one of this section shall be a class  A  misde-
    23  meanor,  punishable  by  a fine of five thousand dollars for each device
    24  manufactured, installed, sold, offered for sale, or distributed.
    25    (b) Unauthorized purchase or possession of  a  traffic-control  signal
    26  preeemption  device  in  violation  of  subdivision  one  or two of this
    27  section shall constitute a traffic infraction punishable by  a  fine  of
    28  not less than one hundred dollars nor more than three hundred dollars.
    29    (c)  A  violation  of paragraph (a) of subdivision two of this section
    30  while using a traffic-control signal  preemption  device  to  change  or
    31  attempt  to change the signal indications of a traffic-control signal or
    32  traffic-control device shall constitute a class A misdemeanor.
    33    (d) If a serious physical injury or death, as defined by  article  ten
    34  of  the penal law, occurs as a result of a violation of paragraph (a) of
    35  subdivision two of this section while  using  a  traffic-control  signal
    36  preemption device to affect the operation of a traffic-control signal or
    37  traffic-control  device, such violation shall constitute a class E felo-
    38  ny.
    39    (e)  Nothing  in  this  section  shall  be  deemed  to  supersede  the
    40  provisions of any other applicable section of law.
    41    §  3.  Subdivision (b) of section 1115 of the vehicle and traffic law,
    42  as amended by chapter 251 of the laws of 2016,  is  amended  and  a  new
    43  subdivision (d) is added to read as follows:
    44    (b)  For  the  purposes of this section the following terms shall have
    45  the following meanings:
    46    1. to "deface" shall include,  but  not  be  limited  to,  to  damage,
    47  destroy,  disfigure, erase, ruin, distort, spoil or otherwise change the
    48  external appearance of an object by the use  of  chalk,  crayon,  paint,
    49  stain, ink or other similar material.
    50    2.  to  "alter"  a  traffic-control  signal  shall include, but not be
    51  limited to, changing or attempting to change the signal indications of a
    52  traffic-control signal by use of  a  traffic-control  signal  preemption
    53  device.
    54    [3.  "traffic-control  signal preemption device" shall mean any device
    55  designed or used to change or attempt to change the  signal  indications
    56  of a traffic-control signal.]
        S. 1632--A                          3
     1    (d)  A  violation  of  this  section  shall be subject to penalties in
     2  accordance with paragraphs (b), (c) and  (d)  of  subdivision  three  of
     3  section three hundred ninety-seven-c of this chapter.
     4    § 4. This act shall take effect on the one hundred eightieth day after
     5  it  shall have become a law. Effective immediately, the addition, amend-
     6  ment and/or repeal of any rule or regulation necessary for the implemen-
     7  tation of this act on its effective date are authorized and directed  to
     8  be made and completed on or before such effective date.