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A00297 Summary:

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A00297 Committee Votes:

A00297 Floor Votes:

A00297 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           297
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M.  of  A.  DINOWITZ, JAFFEE, GALEF, CLARK, ENGLEBRIGHT,
          SCHIMEL, WEPRIN -- Multi-Sponsored by -- M. of A. PERRY --  read  once
          and referred to the Committee on Transportation
 
        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. Section 1115 of the vehicle and traffic law, as amended by
     2  chapter 315 of the laws of 1969, is amended to read as follows:
     3    § 1115. Interference with official traffic-control  devices,  railroad
     4  signs  or  signals and other highway appurtenances. (a) No person shall,
     5  without lawful authority, attempt to or in fact alter,  deface,  injure,
     6  knock  down,  cover,  remove,  or  otherwise interfere with any official
     7  traffic-control  device  or  any  railroad  sign  or  signal,   or   any
     8  inscription, shield, or insignia thereon, or any other part thereof; any
     9  bridge  or  similar  structure;  any monument, lamppost, telephone pole,
    10  fence, walk, curb, tree, rock cut or other  appurtenance  on  a  highway
    11  right of way.
    12    (b) For the purposes of this section[,] the following terms shall have
    13  the following meanings:
    14    1.  to  ['deface']  "deface"  shall include, but not be limited to, to
    15  damage, destroy, disfigure, erase, ruin,  distort,  spoil  or  otherwise
    16  change the external appearance of an object by the use of chalk, crayon,
    17  paint, stain, ink or other similar material.
    18    2.  to  "alter"  a  traffic-control  signal  shall include, but not be
    19  limited to, changing or attempting to change the signal indications of a
    20  traffic-control signal by use of  a  traffic-control  signal  preemption
    21  device.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01781-01-5
        A. 297                              2
 
     1    3.  "traffic-control  signal  preemption device" shall mean any device
     2  designed or used to change or attempt to change the  signal  indications
     3  of a traffic-control signal.
     4    (c)  The  presence in a vehicle of a traffic-control signal preemption
     5  device connected to a power source  and  in  an  operable  condition  is
     6  presumptive  evidence  of  its use by any person operating such vehicle.
     7  Such presumption shall be rebutted by any credible and reliable evidence
     8  which tends to show that such device was not in use.
     9    § 2. This act shall take effect on the first of November next succeed-
    10  ing the date on which it shall have become a law.