S T A T E   O F   N E W   Y O R K
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                                  1015
                       2015-2016 Regular Sessions
                          I N  A S S E M B L Y
                             January 8, 2015
                               ___________
Introduced by M. of A. GUNTHER, MONTESANO -- Multi-Sponsored by -- M. of
  A. RIVERA -- read once and referred to the Committee on Transportation
AN  ACT to amend the vehicle and traffic law, in relation to prohibiting
  the use of any device which affects the operation of a traffic-control
  signal
  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 397-c to read as follows:
  S 397-C. INTERFERENCE WITH A  TRAFFIC-CONTROL  SIGNAL.  1.  NO  PERSON
SHALL  OPERATE ANY MOTOR VEHICLE, EXCEPT AN AUTHORIZED EMERGENCY VEHICLE
OR AUTHORIZED PUBLIC TRANSPORTATION VEHICLE, WHICH HE OR  SHE  KNOWS  IS
EQUIPPED  WITH A DEVICE CAPABLE OF AFFECTING THE OPERATION OF ANY TRAFF-
IC-CONTROL SIGNAL. THE PRESENCE IN A MOTOR  VEHICLE  OF  SUCH  A  DEVICE
CONNECTED  TO A POWER SOURCE AND IN AN OPERABLE CONDITION IS PRESUMPTIVE
EVIDENCE OF THE OPERATOR'S KNOWLEDGE OF  THE  DEVICE.  SUCH  PRESUMPTION
SHALL  BE  REBUTTED  BY ANY CREDITABLE EVIDENCE WHICH TENDS TO SHOW THAT
THE OPERATOR OF THE MOTOR VEHICLE WAS NOT AWARE OF THE PRESENCE OF  SUCH
DEVICE.
  2.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON USING
SUCH A DEVICE WHILE ENGAGED IN THE AUTHORIZED MAINTENANCE OR REPAIR OF A
TRAFFIC-CONTROL SIGNAL.
  3. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL  CONSTITUTE  A
TRAFFIC  INFRACTION  PUNISHABLE  BY  A FINE OF NOT LESS THAN ONE HUNDRED
DOLLARS NOR MORE THAN THREE HUNDRED DOLLARS.
  4.  A VIOLATION OF SUBDIVISION ONE OF THIS SECTION WHILE USING SUCH  A
DEVICE TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL SHALL CONSTI-
TUTE A CLASS A MISDEMEANOR.
  5.  A  VIOLATION OF SUBDIVISION ONE OF THIS SECTION WHILE USING SUCH A
DEVICE TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL AND SUCH  USE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01016-01-5
              
             
                          
                A. 1015                             2
CAUSES  PERSONAL INJURY OR DEATH AS A RESULT OF ITS EFFECT ON A TRAFFIC-
CONTROL SIGNAL SHALL CONSTITUTE A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.