senate Bill S5643

Signed By Governor
2011-2012 Legislative Session

Relates to the use of portable electronic devices

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 12, 2011 signed chap.109
Jul 08, 2011 delivered to governor
Jun 14, 2011 returned to senate
passed assembly
ordered to third reading rules cal.198
substituted for a8106
referred to codes
delivered to assembly
passed senate
Jun 13, 2011 ordered to third reading cal.1177
Jun 11, 2011 committee discharged and committed to rules
Jun 08, 2011 referred to transportation

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Co-Sponsors

S5643 - Bill Details

See Assembly Version of this Bill:
A8106
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1225-d, V & T L

S5643 - Bill Texts

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Relates to the use of portable electronic devices.

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BILL NUMBER:S5643

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the use of
portable electronic devices
while driving

PURPOSE:
This legislation would make the texting while driving offense
a primary violation.

SUMMARY OF PROVISIONS:
Amends subdivision 6 of section 1225-d of the
vehicle and traffic law, as added by chapter 403 of the laws of 2009
amending the vehicle and traffic law to strike language that prevents
texting while driving from being a primary violation of the vehicle
and traffic law.

Amends subdivision 4 of section 1225-d of the vehicle and traffic
law, as added by chapter 403 of the laws of 2009, to make a technical
amendment to create consistency and match rebuttable evidence
language in section 1225-C of the Vehicle and Traffic Law.

JUSTIFICATION:
The explosion of the popularity of texting created a new
driver distraction that can lead to tragedy. Texting while driving
increases the chance of getting into an accident. A person simply
cannot drive attentively when searching for the needed letters or
symbols for texting.

According to studies done by AAA, any activity that takes a driver's
attention off the road for more than two seconds can double a
driver's risk of a crash. According to Zogby Poll, 66% of people
between 18-24 send text messages while behind the wheel. A Harris
Interactive poll found that 91% of Americans think that driving
while texting is as dangerous as drunk driving and 89% of those
polled support a ban. The seriousness of this growing problem
mandates that the texting and driving law be a primary violation in
New York State.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  5643

                       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-
  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:

  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
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 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
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 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03315-02-1

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