S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
June 8, 2011
Introduced by Sens. MARCELLINO, ALESI, ROBACH -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
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. 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
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 2. 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
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 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.