The New York State Senate

PHONE, PERSONAL DIGITAL ASSISTANT (PDA), HANDHELD DEVICE WITH MOBILE
DATA ACCESS, LAPTOP COMPUTER, PAGER, BROADBAND PERSONAL COMMUNICATION
DEVICE, TWO-WAY MESSAGING DEVICE, ELECTRONIC GAME, OR PORTABLE COMPUTING
DEVICE, OR ANY OTHER DEVICE USED TO INPUT, WRITE, SEND, RECEIVE, OR READ
TEXT FOR PRESENT OR FUTURE COMMUNICATION.

"USING" SHALL MEAN HOLDING A PORTABLE ELECTRONIC DEVICE WHILE VIEWING,
TAKING OR TRANSMITTING IMAGES, PLAYING GAMES, OR PERFORMING A COMMAND OR
REQUEST TO ACCESS WORLD WIDE WEB PAGE, COMPOSING, SENDING, READING,
VIEWING, ACCESSING, BROWSING, TRANSMITTING, SAVING OR RETRIEVING E-MAIL,
TEXT MESSAGES, INSTANT MESSAGES, OR OTHER ELECTRONIC DATA.

SECTION (C) OF THIS SECTION EXCLUDES AN EMERGENCY SITUATION: AN EMERGEN-
CY RESPONSE OPERATOR, HOSPITAL, A PHYSICIAN'S OFFICE OR HEALTH CLINIC,
AN AMBULANCE COMPANY, FIRE DEPARTMENT, OR POLICE DEPARTMENT.

SECTION (D) STATES 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, WITHIN A PERIOD OF EIGHTEEN MONTHS, SUCH VIOLATION SHALL BE
PUNISHABLE BY A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE
HUNDRED DOLLARS. UPON CONVICTION OF A THIRD VIOLATION, DURING THE SAME
TIME FRAME (EIGHTEEN MONTHS), THE VIOLATION SHALL BE PUNISHABLE BY A
FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN TWO HUNDRED-FIFTY
DOLLARS.

 
JUSTIFICATIQN:

TEXTING IS ONE OF THE MOST COMMON FORMS OF COMMUNICATION WITH FRIENDS.
IT'S THE BEST WAY TO STAY IN TOUCH WITH PEOPLE OUTSIDE OF SOCIAL MEDIA,
BUT THE HARD PART IS WHEN PEOPLE CONSTANTLY TEXT EVEN WHEN COMPLETING
THEIR DAILY ERRANDS. WALKING AND TEXTING AT THE SAME TIME IS MOST COMMON
TO DO, AND IT DEFINITELY CAN BE DANGEROUS IF YOU AREN'T CAREFUL. THE
REASON IS SIMPLE; IT TAKES A WAY YOUR ABILITY TO BE ALERT. OVER THE LAST
FEW YEARS, SMARTPHONES HAVE BECOME A SOCIETAL NORM BETWEEN TEENS AND
ADULTS, STATISTICS OF ACCIDENTS HAVE SKYROCKETED.


THIS PAST YEAR, THE NATIONAL SAFETY COUNCIL ADDED IN "DISTRACTED WALK-
ING" INJURIES AS A CATEGORY FOR THE VERY FIRST TIME. THIS NONPROFIT
GROUP HAS DISCOVERED THE STATISTICS FOR INJURIES IN THIS SPECIFIC CATE-
GORY HAVE GROWN OVER THE YEARS AS CELL PHONE USAGE HAS INCREASED.  THEY
FOUND THAT INCIDENTS IN THIS CATEGORY WERE ESTIMATED TO BE 500 OR SO IN
YEAR 2000, BUT MORE THAN 2,000+ ACCIDENTS IN 2011 ALONE. MORE THAN 80
PERCENT OF THOSE INJURIES RESULTED IN BOTH MINOR AND SERIOUS FALLS.  THE
TRUTH IS THAT IT HAS INCREASED MORE THAN THAT OVER THE LAST FEW YEARS
SINCE 2011.

BACK IN 2013, A STUDY SHOWCASED THAT 4,109 DEATHS HAVE TAKEN PLACE AND
MORE THAN 4,432 DIED IN 2011. MORE THAN 69,000 PEOPLE IN THAT YEAR WERE
INJURED ALONE. THESE STATISTICS WERE ALL GATHERED BY THE NATIONAL HIGH-
WAY TRAFFIC SAFETY ADMINISTRATION. ANOTHER STUDY FROM THE OHIO STATE
UNIVERSITY CONDUCTED THAT DISTRACTED WALKING HAS CAUSED MORE THAN TWO
MILLION INJURIES IN THE LAST FEW YEARS ALONE.

STATISTICS HAVE SHOWN THAT MOST ACCIDENTS AND TRAFFIC DEATHS HAVE TAKEN
PLACE IN NEW YORK, LOS ANGELES, AND CHICAGO. THESE AREAS ARE KNOWN FOR
HAVING THE MOST AMOUNTS OF PEDESTRIAN ACCIDENTS.

IT HAS BEEN PROVEN THAT DISTRACTION FROM TEXTING WHILE WALKING CAN CAUSE
PEDESTRIANS TO CROSS ROADS VERY UNSAFELY. NOT ONLY CAN TRIPS AND FALLS
OCCUR, BUT EVEN GETTING HIT IS MORE THAN JUST A POSSIBILITY.  TEXTING
AND WALKING CAUSING CAR ACCIDENTS ARE HIGH UP IN STATISTICS SPECIFICALLY
FOR TEENAGERS. THE SAFE KIDS WORLDWIDE ORGANIZATION FOUND THAT PEDESTRI-
AN DEATHS FOR TEENS BETWEEN AGES 15 TO 19 NOW ACCOUNT FOR ABOUT 50
PERCENT OF PEDESTRIAN FATALITIES AMONG THOSE WHO ARE YOUNGER THAN 19.
THEY TOOK THAT LINK AND DIRECTED IT STRAIGHT TO DISTRACTED WALKING. THEY
DISCOVERED THAT ONE IN FIVE HIGH SCHOOLERS WERE FOUND CROSSING THE
STREET DISTRACTED EITHER BY TEXTING, VIDEO GAMES, OR LISTENING TO MUSIC.
LUCKILY ENOUGH, DEATHS AMONG TEENS ARE LOWER IN TEXTING AND WALKING IN
COMPARISON TO HOMICIDE, SUICIDE, AND THOSE KILLED BY DRIVING.

AN INCIDENT THAT TOOK PLACE IN PHILADELPHIA AT A SUBWAY STATION OF A MAN
WHO WAS ON HIS PHONE TEXTING IS A CLASSIC EXAMPLE OF THE DANGERS
INVOLVED WITH DISTRACTED TEXTING. HE CONTINUED WALKING WHILE LOOKING AT
HIS PHONE AND ENDED UP FALLING INTO THE TRAIN TRACKS ON ACCIDENT. LUCKI-
LY, THE TRAIN WAS NOT ON ITS WAY AND HE SUCCESSFULLY GOT OUT OF THE
TRAIN TRACKS AND LIVED. THERE ARE MANY INSTANCES OF SIMILAR ACCIDENTS
LIKE THIS THAT HAVE HAPPENED.

 
PRIOR LEGISLATIVE HISTORY:

NONE.

 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT IMMEDIATELY.