NY State Senate Bill 2017-S1777

Senate Bill S1777

2017-2018 Legislative Session

Restricts the use of an electronic device while crossing a crosswalk; provides an exemption for the use of a hands free headset

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 03, 2018	referred to transportation
Jan 10, 2017	referred to transportation

2017-S1777 (ACTIVE) - Details

See Assembly Version of this Bill:: A2669
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1158, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5434
2013-2014: A4826
2015-2016: S6533, A4146
2019-2020: A4237

2017-S1777 (ACTIVE) - Summary

Restricts the use of an electronic device while crossing a crosswalk; provides an exemption for the use of a hands free headset; mandates a person in violation to be issued a summons and pay a civil fine of twenty-five dollars.

2017-S1777 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1777

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill will make it illegal to engage in the use of any "electronic
device" in immediate proximity of a person while at crosswalks.

 SUMMARY OF PROVISIONS :

Section 1 will be amended by adding a new section § 1158, which
prohibits the use of electronic devices in crosswalks. Under this
section, the term "electronic device" shall mean any type of
instrument, device or equipment which is designed to transmit and/or
receive telephonic, 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.

 JUSTIFICATION :

With the growing dependency in technology based means of
communication, distractions directly linked to electronic devices have
skyrocketed as more and more become engrossed in what they're doing
and forget that a moving vehicle is on a collision course with them.
The uses of such devices are not only unsafe for the people engaged in
them, but are unsafe for drivers and for bystanders waiting to cross
the street, Nationally, pedestrian fatalities account for about 12
percent of overall traffic deaths, according to the Governors Highway
Safety Association, with a rapid increase in 2010 after a four-year
steady decline.

 PRIOR LEGISLATIVE HISTORY :

2015-16: S.6533/A.4146
2013-14: A.4826
2012-11: A.5434

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.

2017-S1777 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1777
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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  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:
   §  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
 PORTION OF A ROADWAY AT AN INTERSECTION OR  ELSEWHERE  DISTINCTLY  INDI-
 CATED FOR PEDESTRIAN CROSSING BY LINES OR OTHER MARKINGS ON THE SURFACE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01204-01-7

 S. 1777                             2
 
   (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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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