S T A T E O F N E W Y O R K
________________________________________________________________________
4826
2013-2014 Regular Sessions
I N A S S E M B L Y
February 11, 2013
___________
Introduced by M. of A. DenDEKKER, CASTRO -- Multi-Sponsored by -- M. of
A. ROBINSON -- read once and referred to the Committee on Transporta-
tion
AN ACT to amend the vehicle and traffic law, in relation to restricting
the use of an electronic device while crossing the crosswalk
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1158 to read as follows:
S 1158. USE OF ELECTRONIC DEVICES IN CROSSWALKS PROHIBITED. (A) FOR
THE PURPOSES OF THIS SECTION:
(1) THE TERM "ELECTRONIC DEVICE" SHALL MEAN ANY TYPE OF INSTRUMENT,
DEVICE OR EQUIPMENT WHICH IS DESIGNED TO TRANSMIT AND/OR RECEIVE TELE-
PHONIC, ELECTRIC DIGITAL SIGNALS AND ACCESS SERVICE AS WELL AS ANY TYPE
OF INSTRUMENT DESIGNED TO HAVE SOUND AND/OR IMAGE RECORDING OR CAPTURING
CAPABILITIES INCLUDING, BUT NOT LIMITED TO, MOBILE TELEPHONES, PORTABLE
MEDIA PLAYERS AND WIRELESS HANDHELD DEVICES PROVIDED THAT THE TERM SHALL
EXEMPT THE USE OF HANDS FREE HEADSETS OR CALLING DEVICES.
(2) THE TERM "ENGAGING IN THE USE" SHALL MEAN HOLDING AN ELECTRONIC
DEVICE TO, OR IN THE IMMEDIATE PROXIMITY OF, THE PERSON'S EAR, TALKING
OR LISTENING WITH SUCH ELECTRONIC DEVICE OR TEXTING AND/OR RECEIVING A
MESSAGE WITH SUCH ELECTRONIC DEVICE.
(3) THE TERM "IMMEDIATE PROXIMITY" SHALL MEAN THAT DISTANCE AS PERMITS
THE USER OF AN ELECTRONIC DEVICE TO HEAR OR USE ANY TRANSMISSION OVER
SUCH ELECTRONIC DEVICE BUT SHALL NOT REQUIRE PHYSICAL CONTACT WITH SUCH
PERSON'S EAR.
(4) THE TERM "CROSSWALK" SHALL MEAN THAT PART OF A ROADWAY AT AN
INTERSECTION INCLUDED WITHIN THE CONNECTIONS OF THE LATERAL LINES OF THE
SIDEWALKS ON OPPOSITE SIDES OF THE HIGHWAY BETWEEN THE CURBS OR, IN THE
ABSENCE OF CURBS, BETWEEN THE EDGES OF THE TRAVERSABLE ROADWAY OR ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07954-01-3
A. 4826 2
PORTION OF A ROADWAY AT AN INTERSECTION OR ELSEWHERE DISTINCTLY INDI-
CATED FOR PEDESTRIAN CROSSING BY LINES OR OTHER MARKINGS ON THE SURFACE.
(B) NO PERSON SHALL ENTER AND CROSS A CROSSWALK WHILE ENGAGING IN THE
USE OF AN ELECTRONIC DEVICE.
(C) A PERSON WITH AN ELECTRONIC DEVICE WHO HOLDS SUCH DEVICE TO, OR IN
THE IMMEDIATE PROXIMITY OF HIS OR HER EAR OR WHO TYPES INTO THE DEVICE,
IS PRESUMED TO BE ENGAGING IN THE USE OF SUCH DEVICE WITHIN THE MEANING
OF THIS SECTION. THE PRESUMPTION ESTABLISHED BY THIS SUBDIVISION IS
REBUTTABLE BY EVIDENCE TENDING TO SHOW THAT THE USER WAS NOT ENGAGED IN
SUCH USE.
(D) THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS AUTHORIZ-
ING THE SEIZURE OR FORFEITURE OF AN ELECTRONIC DEVICE, UNLESS OTHERWISE
PROVIDED BY LAW.
(E) A PERSON WHO VIOLATES SUBDIVISION (B) OF THIS SECTION SHALL BE
ISSUED A SUMMONS FOR A VIOLATION OF THIS SECTION AND SHALL PAY A CIVIL
FINE OF TWENTY-FIVE DOLLARS.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.