S T A T E   O F   N E W   Y O R K
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                                  4826

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced  by M. of A. DenDEKKER, CASTRO -- Multi-Sponsored by -- M. of
  A. ROBINSON -- read once and referred to the Committee on  Transporta-
  tion

AN  ACT to amend the vehicle and traffic law, in relation to restricting
  the use of an electronic device while crossing the crosswalk

  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:
  S 1158. USE OF ELECTRONIC DEVICES IN CROSSWALKS  PROHIBITED.  (A)  FOR
THE PURPOSES OF THIS SECTION:
  (1)  THE  TERM  "ELECTRONIC DEVICE" SHALL MEAN ANY TYPE OF INSTRUMENT,
DEVICE OR EQUIPMENT WHICH IS DESIGNED TO TRANSMIT AND/OR  RECEIVE  TELE-
PHONIC,  ELECTRIC DIGITAL SIGNALS AND ACCESS SERVICE AS WELL AS ANY TYPE
OF INSTRUMENT DESIGNED TO HAVE SOUND AND/OR IMAGE RECORDING OR CAPTURING
CAPABILITIES INCLUDING, BUT NOT LIMITED TO, MOBILE TELEPHONES,  PORTABLE
MEDIA PLAYERS AND WIRELESS HANDHELD DEVICES PROVIDED THAT THE TERM SHALL
EXEMPT THE USE OF HANDS FREE HEADSETS OR CALLING DEVICES.
  (2)  THE  TERM  "ENGAGING IN THE USE" SHALL MEAN HOLDING AN ELECTRONIC
DEVICE TO, OR IN THE IMMEDIATE PROXIMITY OF, THE PERSON'S  EAR,  TALKING
OR  LISTENING  WITH SUCH ELECTRONIC DEVICE OR TEXTING AND/OR RECEIVING A
MESSAGE WITH SUCH ELECTRONIC DEVICE.
  (3) THE TERM "IMMEDIATE PROXIMITY" SHALL MEAN THAT DISTANCE AS PERMITS
THE USER OF AN ELECTRONIC DEVICE TO HEAR OR USE  ANY  TRANSMISSION  OVER
SUCH  ELECTRONIC DEVICE BUT SHALL NOT REQUIRE PHYSICAL CONTACT WITH SUCH
PERSON'S EAR.
  (4) THE TERM "CROSSWALK" SHALL MEAN THAT  PART  OF  A  ROADWAY  AT  AN
INTERSECTION INCLUDED WITHIN THE CONNECTIONS OF THE LATERAL LINES OF THE
SIDEWALKS  ON OPPOSITE SIDES OF THE HIGHWAY BETWEEN THE CURBS OR, IN THE
ABSENCE OF CURBS, BETWEEN THE EDGES OF THE TRAVERSABLE  ROADWAY  OR  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07954-01-3

              

A. 4826                             2

PORTION  OF  A  ROADWAY AT AN INTERSECTION OR ELSEWHERE DISTINCTLY INDI-
CATED FOR PEDESTRIAN CROSSING BY LINES OR OTHER MARKINGS ON THE SURFACE.
  (B)  NO PERSON SHALL ENTER AND CROSS A CROSSWALK WHILE ENGAGING IN THE
USE OF AN ELECTRONIC DEVICE.
  (C) A PERSON WITH AN ELECTRONIC DEVICE WHO HOLDS SUCH DEVICE TO, OR IN
THE IMMEDIATE PROXIMITY OF HIS OR HER EAR OR WHO TYPES INTO THE  DEVICE,
IS  PRESUMED TO BE ENGAGING IN THE USE OF SUCH DEVICE WITHIN THE MEANING
OF THIS SECTION. THE PRESUMPTION  ESTABLISHED  BY  THIS  SUBDIVISION  IS
REBUTTABLE  BY EVIDENCE TENDING TO SHOW THAT THE USER WAS NOT ENGAGED IN
SUCH USE.
  (D) THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED AS AUTHORIZ-
ING THE SEIZURE OR FORFEITURE OF AN ELECTRONIC DEVICE, UNLESS  OTHERWISE
PROVIDED BY LAW.
  (E)  A  PERSON  WHO  VIOLATES SUBDIVISION (B) OF THIS SECTION SHALL BE
ISSUED A SUMMONS FOR A VIOLATION OF THIS SECTION AND SHALL PAY  A  CIVIL
FINE OF TWENTY-FIVE DOLLARS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.