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S05746 Summary:

Add 1158, V & T L
Prohibits a pedestrian from using a portable electronic device while crossing a roadway.
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S05746 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                      May 14, 2019
        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Transportation --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee
        AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
          a  pedestrian from using a portable electronic device while crossing a
          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 portable electronic devices.  (a) No  pedestrian  shall
     4  cross a roadway at any point while using any portable electronic device.
     5    (b)  For  purposes  of  this  section: 1. "Portable electronic device"
     6  shall mean any handheld mobile telephone, as defined by subdivision  one
     7  of  section twelve hundred twenty-five-c of this title, personal digital
     8  assistant (PDA), handheld device with mobile data access, laptop comput-
     9  er, pager, broadband personal communication  device,  two-way  messaging
    10  device,  electronic  game,  or  portable  computing device, or any other
    11  electronic device when used to input, write, send, receive, or read text
    12  for present or future communication.
    13    2. "Using" shall mean holding a portable electronic device while view-
    14  ing, taking or transmitting images, playing games, or, for  the  purpose
    15  of  present  or future communication: performing a command or request to
    16  access a world wide web  page,  composing,  sending,  reading,  viewing,
    17  accessing,  browsing,  transmitting,  saving  or retrieving e-mail, text
    18  messages, instant messages, or other electronic data.
    19    (c) Subdivision (a) of this section shall not apply to: 1. the use  of
    20  a  portable electronic device for the sole purpose of communicating with
    21  any of the following regarding  an  emergency  situation:  an  emergency
    22  response operator; a hospital; a physician's office or health clinic; an
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5746--A                          2
     1  ambulance company or corps; a fire department, district or company; or a
     2  police department; and
     3    2.  any  of  the  following  persons while in the performance of their
     4  official duties: a police officer or peace officer; a member of  a  fire
     5  department,  district or company; or the operator of an authorized emer-
     6  gency vehicle as defined in section one hundred one of this chapter.
     7    (d) A violation of this section shall be punishable by a fine of twen-
     8  ty-five dollars upon conviction of a first violation; upon conviction of
     9  a second or subsequent violation, both of which were committed within  a
    10  period  of  eighteen months, such violations shall be punished by a fine
    11  of fifty dollars.
    12    § 2. This act shall take effect immediately.
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