S T A T E O F N E W Y O R K
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4115
2017-2018 Regular Sessions
I N A S S E M B L Y
February 1, 2017
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Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to use of
mobile telephones and portable electronic devices while a child is in
a motor vehicle
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-c of the vehicle and traffic
law, as amended by section 6 of part B of chapter 55 of the laws of
2014, is amended to read as follows:
4. A violation of subdivision two of this section shall be a traffic
infraction and shall be punishable by a fine of not less than fifty
dollars nor more than two hundred dollars upon conviction of a first
violation; upon conviction of a second violation, both of which were
committed within a period of eighteen months, such violation shall be
punished by a fine of not less than fifty dollars nor more than two
hundred fifty dollars; upon conviction of a third or subsequent
violation, all of which were committed within a period of eighteen
months, such violation shall be punished by a fine of not less than
fifty dollars nor more than four hundred fifty dollars; PROVIDED, HOWEV-
ER, THAT IF A CHILD WHO IS FIFTEEN YEARS OF AGE OR LESS IS IN THE MOTOR
VEHICLE AT THE TIME OF THE VIOLATION OF SUBDIVISION TWO OF THIS SECTION,
SUCH VIOLATION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY A FINE
OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED
DOLLARS, IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BOTH SUCH FINE
AND IMPRISONMENT.
§ 2. Subdivision 6 of section 1225-d of the vehicle and traffic law,
as amended by section 7 of part B of chapter 55 of the laws of 2014, 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 less than fifty dollars nor more than two
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02346-01-7
A. 4115 2
hundred dollars upon conviction of a first violation; upon conviction of
a second violation, both of which were committed within a period of
eighteen months, such violation shall be punished by a fine of not less
than fifty dollars nor more than two hundred fifty dollars; upon
conviction of a third or subsequent violation, all of which were commit-
ted within a period of eighteen months, such violation shall be punished
by a fine of not less than fifty dollars nor more than four hundred
fifty dollars; PROVIDED, HOWEVER, THAT IF A CHILD WHO IS FIFTEEN YEARS
OF AGE OR LESS IS IN THE MOTOR VEHICLE AT THE TIME OF THE VIOLATION OF
THIS SECTION, SUCH VIOLATION SHALL BE A MISDEMEANOR AND SHALL BE PUNISH-
ABLE BY A FINE OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR MORE THAN
FIVE HUNDRED DOLLARS, IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR
BOTH SUCH FINE AND IMPRISONMENT.
§ 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.