The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1516

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 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  prohibiting
  a  pedestrian from using a portable electronic device while crossing a
  roadway

  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:
  § 1158. USE OF PORTABLE ELECTRONIC DEVICES.  (A) NO  PEDESTRIAN  SHALL
CROSS A ROADWAY AT ANY POINT WHILE USING ANY PORTABLE ELECTRONIC DEVICE.
  (B)  FOR  PURPOSES  OF  THIS  SECTION: 1. "PORTABLE ELECTRONIC DEVICE"
SHALL MEAN ANY HANDHELD MOBILE TELEPHONE, AS DEFINED BY SUBDIVISION  ONE
OF  SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THIS TITLE, PERSONAL DIGITAL
ASSISTANT (PDA), HANDHELD DEVICE WITH MOBILE DATA ACCESS, LAPTOP COMPUT-
ER, PAGER, BROADBAND PERSONAL COMMUNICATION  DEVICE,  TWO-WAY  MESSAGING
DEVICE,  ELECTRONIC  GAME,  OR  PORTABLE  COMPUTING DEVICE, OR ANY OTHER
ELECTRONIC DEVICE WHEN USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT
FOR PRESENT OR FUTURE COMMUNICATION.
  2. "USING" SHALL MEAN HOLDING A PORTABLE ELECTRONIC DEVICE WHILE VIEW-
ING, TAKING OR TRANSMITTING IMAGES, PLAYING GAMES, 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.
  (C) SUBDIVISION (A) OF THIS SECTION SHALL NOT APPLY TO: 1. 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; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD05834-01-9

A. 1516                             2

  2.  ANY  OF  THE  FOLLOWING  PERSONS WHILE IN THE PERFORMANCE OF THEIR
OFFICIAL DUTIES: A POLICE OFFICER OR PEACE OFFICER; A MEMBER OF  A  FIRE
DEPARTMENT,  DISTRICT OR COMPANY; OR THE OPERATOR OF AN AUTHORIZED EMER-
GENCY VEHICLE AS DEFINED IN SECTION ONE HUNDRED ONE OF THIS CHAPTER.
  (D)  A  VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT
LESS  THAN  TWENTY-FIVE  DOLLARS  NOR  MORE  THAN  FIFTY  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
VIOLATIONS  SHALL  BE  PUNISHED BY A FINE OF NOT LESS THAN FIFTY DOLLARS
NOR MORE THAN ONE HUNDRED DOLLARS; UPON CONVICTION OF A THIRD OR  SUBSE-
QUENT 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 TWO HUNDRED FIFTY DOLLARS.
  § 2. This act shall take effect immediately.