S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10315
 
                           I N  A S S E M B L Y
 
                              April 10, 2018
                                ___________
 
 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
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15322-01-8

 A. 10315                            2
 
 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.