S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4237
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred 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.
              

                                                            LBD07799-01-9

 A. 4237                             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.