S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1934
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 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 enacting the
   non-motion under the influence of electronics act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall by known and may be cited as
 the "non-motion under the influence of electronics act".
   § 2. Paragraph (b) of subdivision 2, and subdivisions 3, 4, and  6  of
 section 1225-d of the vehicle and traffic law, paragraph (b) of subdivi-
 sion  2  as amended by section 8 and subdivision 4 as amended by section
 10 of part C of chapter 58 of the laws of 2013, subdivision 3  as  added
 by  chapter  403  of  the  laws of 2009, and subdivision 6 as amended by
 section 7 of part B of chapter 55 of the laws of 2014,  are  amended  to
 read as follows:
   (b)  "Using"  shall  mean  holding  a portable electronic device while
 viewing, taking or transmitting images OR VIDEOS, playing games,  INPUT-
 TING  INFORMATION  INTO  A MUSIC APP OR GPS-BASED NAVIGATION APP or, for
 the purpose of present or future communication: performing a command  or
 request  to  access  a world wide web page, composing, sending, reading,
 viewing, accessing, browsing, transmitting, saving or retrieving e-mail,
 text messages, instant messages, or  other  electronic  data.    "USING"
 SHALL NOT MEAN OPERATING A PORTABLE ELECTRONIC DEVICE BY A VOICE COMMAND
 SYSTEM WHICH REQUIRES NO PHYSICAL TOUCHING OF SUCH DEVICE.
   3. Subdivision one of this section shall not apply to (a) the use of a
 portable  electronic  device  for the sole purpose of communicating with
 any of the following regarding  an  emergency  situation:  an  emergency
 response operator; a hospital; a physician's office or health clinic; an
 ambulance company or corps; a fire department, district or company; or a
 police  department,  (b)  any  of  the  following  persons  while in the
 performance of their official duties: a police officer or peace officer;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06189-01-9

 A. 1934                             2
 
 a member of a fire department, district or company; or the  operator  of
 an authorized emergency vehicle as defined in section one hundred one of
 this chapter, (C) THE OPERATOR OF A VEHICLE THAT IS LEGALLY PARKED.
   4.  A  person  who holds a portable electronic device in a conspicuous
 manner while operating a motor vehicle or while operating  a  commercial
 motor vehicle on a public highway including while temporarily stationary
 because  of traffic, [a] STOPPED AT A TRAFFIC LIGHT, STOP SIGN, RAILROAD
 CROSSING OR ANY OTHER traffic control device, or other momentary  delays
 but  not  including when such commercial motor vehicle is stopped at the
 side of, or off, a public highway in a location where  such  vehicle  is
 not  otherwise  prohibited from stopping by law, rule, regulation or any
 lawful order or direction of a police officer is presumed  to  be  using
 such  device,  except that a person operating a commercial motor vehicle
 while using a portable electronic device when such vehicle is stopped at
 the side of, or off, a public highway in a location where  such  vehicle
 is  not  otherwise  prohibited from stopping by law, rule, regulation or
 any lawful order or direction of a police officer shall not be  presumed
 to be using such device. The presumption established by this subdivision
 is  rebuttable  by  evidence  tending  to show that the operator was not
 using the device within the meaning of this section.
   6. (A) 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
 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.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  A  VIOLATION
 OF  THIS SECTION THAT OCCURS WHEN THE OPERATOR IS TEMPORARILY STATIONARY
 BECAUSE OF TRAFFIC, STOPPED AT A  TRAFFIC  LIGHT,  STOP  SIGN,  RAILROAD
 CROSSING OR ANOTHER TRAFFIC CONTROL DEVICE SHALL BE A TRAFFIC INFRACTION
 AND SHALL BE PUNISHABLE BY A FINE OF FIFTY DOLLARS AND ONE POINT AGAINST
 SUCH PERSON'S DRIVERS LICENSE 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
 ONE HUNDRED DOLLARS AND TWO POINTS AGAINST SUCH PERSON'S  LICENSE;  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  ONE HUNDRED FIFTY DOLLARS AND THREE POINTS AGAINST SUCH
 PERSON'S DRIVERS LICENSE.
   § 3. This act shall take effect immediately.