S T A T E   O F   N E W   Y O R K
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                                  6533
                            I N  S E N A T E
                            January 22, 2016
                               ___________
Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation
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
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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07992-01-5
              
             
                          
                
S. 6533                             2
  (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.