S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          998

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 5, 2011
                                      ___________

       Introduced  by  Sens.  MARCELLINO,  FUSCHILLO,  GOLDEN, JOHNSON, LARKIN,
         LAVALLE, MAZIARZ, RANZENHOFER,  VALESKY  --  read  twice  and  ordered
         printed,  and  when printed to be committed to the Committee on Trans-
         portation

       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. Subdivision 6 of section 1225-d of the vehicle and  traffic
    2  law,  as added by chapter 403 of the laws of 2009, is amended to read as
    3  follows:
    4    6. A violation of this section shall be a traffic infraction and shall
    5  be punishable by a fine of not more  than  one  hundred  fifty  dollars.
    6  [Provided,  however,  that  a  summons  for operating a motor vehicle in
    7  violation of this section shall only be issued when there is  reasonable
    8  cause  to  believe  that  the  person  operating  such motor vehicle has
    9  committed a violation of the laws of this state other than  a  violation
   10  of this section.]
   11    S 2. This act shall take effect immediately.




        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04426-01-1