S T A T E   O F   N E W   Y O R K
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                                   1262
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- 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  radar  and
   laser blocking devices
 
   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 134-d to read as follows:
   §  134-D.   RADAR OR LASER BLOCKING DEVICE. ANY INSTRUMENT DESIGNED TO
 BLOCK OR JAM, BY EITHER MECHANICAL OR ELECTRONIC  MEANS,  ANY  RADAR  OR
 LASER DEVICE USED BY A POLICE OFFICER TO MONITOR VEHICULAR SPEED.
   § 2. Section 397-a of the vehicle and traffic law, as amended by chap-
 ter 524 of the laws of 1996, is amended to read as follows:
   §  397-a.  Radar  detectors [and], laser detectors AND RADAR AND LASER
 BLOCKING DEVICES prohibited. 1. A. No radar detector or  laser  detector
 shall be used in any motor vehicle with a gross vehicle weight rating of
 more  than  eighteen thousand pounds or in any commercial vehicle with a
 gross vehicle weight rating of more than ten thousand pounds.  The pres-
 ence in such vehicle of a radar detector or laser detector connected  to
 a  power  source and in an operable condition is presumptive evidence of
 its use by any person operating such vehicle.  Such presumption shall be
 rebutted by any credible and reliable evidence which tends to show  that
 such radar detector or laser detector was not in use.
   B.  NO RADAR OR LASER BLOCKING DEVICE SHALL BE USED IN ANY MOTOR VEHI-
 CLE. THE PRESENCE IN SUCH VEHICLE OF A RADAR OR  LASER  BLOCKING  DEVICE
 CONNECTED  TO A POWER SOURCE AND IN AN OPERABLE CONDITION IS PRESUMPTIVE
 EVIDENCE OF ITS USE BY ANY PERSON OPERATING SUCH VEHICLE.  SUCH PRESUMP-
 TION SHALL BE REBUTTED BY ANY CREDIBLE AND RELIABLE EVIDENCE WHICH TENDS
 TO SHOW THAT SUCH RADAR OR LASER BLOCKING DEVICE WAS NOT IN USE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06018-01-7

              

 S. 1262                             2
 
   2. The provisions of this section shall not be construed as  authoriz-
 ing  the  seizure or forfeiture of a radar detector [or], laser detector
 OR RADAR OR LASER BLOCKING DEVICE, unless otherwise provided by law.
   3.  A  violation  of the provisions of this section shall constitute a
 traffic infraction punishable by a fine of not less than twenty-five nor
 more than one hundred dollars.
   § 3. Subdivision (g) of section 1180 of the vehicle and  traffic  law,
 as  amended  by  chapter  173 of the laws of 1990 and paragraphs (i) and
 (ii) as amended by chapter 101 of the laws of 1999, is amended  to  read
 as follows:
   (g) (i) No person who uses a radar or laser detector in a vehicle with
 a  gross vehicle weight rating of more than eighteen thousand pounds, or
 a commercial motor vehicle with a gross vehicle weight  rating  of  more
 than  ten  thousand pounds, OR WHO USES A RADAR OR LASER BLOCKING DEVICE
 IN ANY MOTOR VEHICLE, shall drive at a speed  in  excess  of  fifty-five
 miles  per hour or, if a maximum speed limit other than fifty-five miles
 per hour as hereinbefore authorized has been established, at a speed  in
 excess  of such speed limit. The presence in any such vehicle of either:
 (1) a radar or laser detector  OR  A  RADAR  OR  LASER  BLOCKING  DEVICE
 connected  to  a  power  source  and  in an operable condition; or (2) a
 concealed radar or laser detector OR A CONCEALED RADAR OR LASER BLOCKING
 DEVICE where a part of such detector  OR  BLOCKING  DEVICE  is  securely
 affixed  to  some  part  of  the vehicle outside of the cab, in a manner
 which renders the detector OR THE BLOCKING DEVICE not  readily  observa-
 ble,  is  presumptive  evidence  of its use by any person operating such
 vehicle. Either such presumption shall be rebutted by any  credible  and
 reliable  evidence which tends to show that such radar or laser detector
 OR SUCH RADAR OR LASER BLOCKING DEVICE was not in use.
   (ii) The provisions of this section shall not be construed as  author-
 izing  the seizure or forfeiture of a radar or laser detector OR A RADAR
 OR LASER BLOCKING DEVICE, unless otherwise provided by law.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.