NY State Senate Bill 2015-S6354

Senate Bill S6354

2015-2016 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation

2015-S6354 (ACTIVE) - Details

See Assembly Version of this Bill:: A9482
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:: 2017-2018: S330, A4115
2019-2020: A3113

2015-S6354 (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.

2015-S6354 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6354

 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.

 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 :

New bill

 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

2015-S6354 (ACTIVE) - Bill Text download pdf

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

                                  6354

                            I N  S E N A T E

                             January 6, 2016
                               ___________

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.
  S 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:
  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

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

                                                           LBD13036-02-5

S. 6354                             2

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.
  S 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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