NY State Senate Bill 2017-S330

Senate Bill S330

2017-2018 Legislative Session

Makes the commission of use of a mobile telephone or portable electronic device in a motor vehicle with a child therein, a misdemeanor

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jan 04, 2017	referred to transportation

2017-S330 (ACTIVE) - Details

See Assembly Version of this Bill:: A4115
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1225-c & 1225-d, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6354, A9482
2019-2020: A3113

2017-S330 (ACTIVE) - Summary

Makes the commission of use of a mobile telephone or portable electronic device in a motor vehicle with a child therein, a misdemeanor punishable by a fine of between $150 and $500, imprisonment for not more than 90 days, or both such fine and imprisonment.

2017-S330 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S330

 TITLE OF BILL :

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

 PURPOSE :

This bill would increase the penalties for using a mobile telephone or
portable electronic device while operating a motor vehicle while
having children in the vehicle.

 SUMMARY OF PROVISIONS :

Section one amends subdivision 4 of section 1225-c of the vehicle and
traffic law, regarding the use of mobile telephones while operating a
motor vehicle, to provide that if a child who is fifteen years of age
or less is in the motor vehicle at the time there is a violation 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.

Section two amends subdivision 6 of section 1225-d of the vehicle and

traffic law regarding the use of portable electronic devices, to
provide that if a child who is fifteen years of age or less is in the
motor vehicle at the time there is a violation 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.

Section three establishes the effective date.

 JUSTIFICATION :

Distracted driving is broadly defined to be any instance where a
driver diverts his or her attention from the task of driving to
another activity. Roughly nine Americans are killed in motor vehicle
accidents caused by distracted driving daily. One of the most notable
distractions is the use of cell phones while driving. A National
Safety Council study showed that one in four motor vehicle accidents
involved cell phone use by the driver.

What is more alarming is the number of parents that continue to use
their cell phone while driving despite the documented danger to their
children in the vehicle. A recent study showed that two-thirds of
participants admitted to using their cell phones while driving with
their child. Further, about fifteen percent of parents admitted to
texting while driving with their child in the car. The dangers
associated with using a cell phone while driving are indisputable, and
while public campaigns to end this practice are prominent throughout
the state, more can be done to deter this senselessly hazardous
behavior. This bill would further the State's interest in deterring
drivers from using their cell phones while having children in the
vehicle by increasing the penalties for those found in violation of
using a cell phone or electronic portable device while operating a
motor vehicle.

 LEGISLATIVE HISTORY :

2016: S.6354 - referred to Transportation

 FISCAL IMPLICATIONS :
None to the state

 EFFECTIVE DATE :
This act shall take effect on the first September next succeeding the
date on which it shall have become law.

2017-S330 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    330
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- 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  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02346-01-7

 S. 330                              2
 
   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
 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.

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