S01945 Summary:

Add S1158, V & T L
Restricts the use of an electronic device while crossing a crosswalk in a city with a population of one million or more; provides for a person in violation to be issued a summons and pay a civil fine of one hundred dollars.
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S01945 Actions:

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S01945 Memo:

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S01945 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                    IN SENATE
                                    January 14, 2011
        Introduced  by  Sen.  KRUGER -- 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  restricting
          the use of an electronic device while crossing the crosswalk in a city
          with a population of one million or more

          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 electronic devices in crosswalks prohibited in a city
     4  with a population of one million or more. (a) For the purposes  of  this
     5  section:
     6    (1)  The  term  "electronic device" shall mean any type of instrument,
     7  device or equipment which is designed to transmit and/or  receive  tele-
     8  phonic,  electric digital signals and access service as well as any type
     9  of instrument designed to have sound and/or image recording or capturing
    10  capabilities including, but not limited to, mobile telephones,  portable

    11  media players and wireless handheld devices.
    12    (2)  The  term  "engaging in the use" shall mean holding an electronic
    13  device to, or in the immediate proximity of, the person's  ear,  talking
    14  or  listening  with such electronic device or texting and/or receiving a
    15  message with such electronic device.
    16    (3) The term "immediate proximity" shall mean that distance as permits
    17  the user of an electronic device to hear or use  any  transmission  over
    18  such  electronic device but shall not require physical contact with such
    19  person's ear.
    20    (4) The term "crosswalk" shall mean that  part  of  a  roadway  at  an
    21  intersection included within the connections of the lateral lines of the

    22  sidewalks  on opposite sides of the highway between the curbs or, in the
    23  absence of curbs, between the edges of the traversable  roadway  or  any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1945                             2
     1  portion  of  a  roadway at an intersection or elsewhere distinctly indi-
     2  cated for pedestrian crossing by lines or other markings on the surface.
     3    (b) No person shall enter and cross a crosswalk in a city with a popu-
     4  lation of one million or more while engaging in the use of an electronic
     5  device.

     6    (c) A person with an electronic device who holds such device to, or in
     7  the  immediate proximity of his or her ear or who types into the device,
     8  is presumed to be engaging in the use of such device within the  meaning
     9  of  this  section.  The  presumption  established by this subdivision is
    10  rebuttable by evidence tending to show that the user was not engaged  in
    11  such use.
    12    (d) The provisions of this section shall not be construed as authoriz-
    13  ing  the seizure or forfeiture of an electronic device, unless otherwise
    14  provided by law.
    15    (e) A person who violates subdivision (b) of  this  section  shall  be
    16  issued  a  summons for a violation of this section and shall pay a civil
    17  fine of one hundred dollars.

    18    § 2. This act shall take effect on the ninetieth day  after  it  shall
    19  have become a law.
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