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Assembly Bill A9229

2009-2010 Legislative Session

Relates to the use of portable electronic devices

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Archive: Last Bill Status - In Assembly Committee

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2009-A9229 (ACTIVE) - Details

See Senate Version of this Bill:
S6810
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1225-d, V & T L
Versions Introduced in 2011-2012 Legislative Session:
A1294, S100

2009-A9229 (ACTIVE) - Summary

Relates to the use of portable electronic devices.

2009-A9229 (ACTIVE) - Sponsor Memo

2009-A9229 (ACTIVE) - Bill Text download pdf 

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

                                  9229

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            November 4, 2009
                               ___________

Introduced  by M. of A. GANTT -- read once and referred 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 on the same date and in the same
manner as chapter 403 of the laws of 2009, takes effect and shall  apply
to violations occurring on and after such date.

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