Senate Bill S100

2011-2012 Legislative Session

Relates to the use of portable electronic devices

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S100 (ACTIVE) - Details

See Assembly Version of this Bill:
A1294
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1225-d, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S6810, A9229

2011-S100 (ACTIVE) - Summary

Relates to the use of portable electronic devices.

2011-S100 (ACTIVE) - Sponsor Memo

2011-S100 (ACTIVE) - Bill Text download pdf 

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

                                   100

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  DIAZ  --  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 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:

  Section 1.  Paragraph (b) of subdivision 2 of section  1225-d  of  the
vehicle and traffic law, as added by chapter 403 of the laws of 2009, is
amended to read as follows:
  (b)  "Using" shall mean holding a portable electronic device while (I)
viewing, taking or transmitting images, (II)  playing  games,  or  (III)
composing, sending, reading, viewing, accessing, browsing, transmitting,
saving or retrieving e-mail, text messages, or other electronic data.
  S  2.  Subdivision 4 of section 1225-d of the vehicle and traffic law,
as added by chapter 403 of the laws of  2009,  is  amended  to  read  as
follows:
  4.  A  person  who holds a portable electronic device in a conspicuous
manner while operating a motor vehicle is  presumed  to  be  using  such
device. The presumption established by this subdivision is rebuttable by
evidence  [showing]  TENDING TO SHOW that the operator was not using the
device within the meaning of this section.
  S 3. Subdivision 6 of section 1225-d of the vehicle and  traffic  law,
as  added  by  chapter  403  of  the laws of 2009, is amended to read as
follows:
  6. A violation of this section shall be a traffic infraction and shall
be punishable by a fine of not more  than  one  hundred  fifty  dollars.
[Provided,  however,  that  a  summons  for operating a motor vehicle in
violation of this section shall only be issued when there is  reasonable
cause  to  believe  that  the  person  operating  such motor vehicle has
committed a violation of the laws of this state other than  a  violation
of this section.]
  S 4. This act shall take effect immediately.

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