S T A T E   O F   N E W   Y O R K
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                                  1632--A
     Cal. No. 53
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 AN ACT to amend the vehicle and traffic law, in relation to  prohibiting
   the use of any device which affects the operation of a traffic-control
   signal
 
   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 154-a to read as follows:
   §  154-A.    TRAFFIC-CONTROL  SIGNAL  PREEMPTION  DEVICE.  ANY  DEVICE
 DESIGNED OR USED TO CHANGE OR ATTEMPT TO CHANGE THE  SIGNAL  INDICATIONS
 OF  A  TRAFFIC-CONTROL  SIGNAL  OR  TRAFFIC-CONTROL  DEVICE.  THIS SHALL
 INCLUDE, BUT NOT BE LIMITED TO, A MOBILE INFRARED TRANSMITTER  OR  OTHER
 DEVICE  THAT  IS  CAPABLE OF SENDING A SIGNAL THAT INTERRUPTS OR CHANGES
 THE SEQUENCE PATTERNS OF AN OFFICIAL TRAFFIC-CONTROL DEVICE OR  TRAFFIC-
 CONTROL SIGNAL.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 397-c to read as follows:
   § 397-C. UNAUTHORIZED SALE, PURCHASE, OR USE OF TRAFFIC-CONTROL SIGNAL
 PREEMPTION DEVICE.
   1. NO PERSON SHALL BUY, POSSESS, MANUFACTURE, INSTALL, SELL, OFFER FOR
 SALE,  OR  OTHERWISE  DISTRIBUTE  A  TRAFFIC-CONTROL  SIGNAL  PREEMPTION
 DEVICE,  UNLESS  THE  PURCHASE,  POSSESSION,  MANUFACTURE, INSTALLATION,
 SALE, OFFER FOR SALE, OR DISTRIBUTION IS FOR USE OF  THE  DEVICE  BY  AN
 AUTHORIZED EMERGENCY VEHICLE OR PUBLIC TRANSPORTATION VEHICLE.
   2.  (A) EXCLUDING AN AUTHORIZED EMERGENCY VEHICLE OR AUTHORIZED PUBLIC
 TRANSPORTATION VEHICLE OPERATING WITHIN THE SCOPE OF HIS OR HER OFFICIAL
 DUTIES, NO PERSON SHALL OPERATE ANY MOTOR VEHICLE WHICH HE OR SHE  KNOWS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00309-03-9

 S. 1632--A                          2
 
 IS  EQUIPPED  WITH A TRAFFIC-CONTROL SIGNAL PREEMPTION DEVICE. THE PRES-
 ENCE IN A MOTOR VEHICLE OF A TRAFFIC-CONTROL  SIGNAL  PREEMPTION  DEVICE
 CONNECTED  TO A POWER SOURCE AND IN AN OPERABLE CONDITION IS PRESUMPTIVE
 EVIDENCE  OF  THE  OPERATOR'S  KNOWLEDGE OF THE DEVICE. SUCH PRESUMPTION
 SHALL BE REBUTTED BY ANY CREDIBLE AND RELIABLE EVIDENCE WHICH  TENDS  TO
 SHOW  THAT  THE OPERATOR OF THE MOTOR VEHICLE WAS NOT AWARE OF THE PRES-
 ENCE OF SUCH DEVICE. THE DEFINITION OF AN "AUTHORIZED PUBLIC TRANSPORTA-
 TION VEHICLE" SHALL INCLUDE, BUT NOT BE LIMITED TO,  PUBLIC  TRANSPORTA-
 TION  AUTHORIZED  UNDER TITLES ELEVEN, ELEVEN-A, ELEVEN-B, ELEVEN-C, AND
 ELEVEN-D OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW OR PUBLIC  TRANS-
 PORTATION AUTHORIZED UNDER CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF
 OF  NINETEEN  HUNDRED  TWENTY-ONE  RELATING TO THE PORT AUTHORITY OF NEW
 YORK AND NEW JERSEY.
   (B) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PERSON USING
 SUCH A DEVICE WHILE ENGAGED IN THE AUTHORIZED MAINTENANCE OR REPAIR OF A
 TRAFFIC-CONTROL SIGNAL.
   (C) AUTHORIZED EMERGENCY VEHICLE PERSONNEL SHALL ONLY OPERATE A TRAFF-
 IC-CONTROL SIGNAL PREEMPTION DEVICE IN THE COURSE OF AN EMERGENCY OPERA-
 TION.
   3. (A) UNAUTHORIZED MANUFACTURE, INSTALLATION, SALE, OFFER  FOR  SALE,
 OR  DISTRIBUTION  OF  A  TRAFFIC-CONTROL  SIGNAL  PREEMPTION  DEVICE  IN
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL BE A CLASS  A  MISDE-
 MEANOR,  PUNISHABLE  BY  A FINE OF FIVE THOUSAND DOLLARS FOR EACH DEVICE
 MANUFACTURED, INSTALLED, SOLD, OFFERED FOR SALE, OR DISTRIBUTED.
   (B) UNAUTHORIZED PURCHASE OR POSSESSION OF  A  TRAFFIC-CONTROL  SIGNAL
 PREEEMPTION  DEVICE  IN  VIOLATION  OF  SUBDIVISION  ONE  OR TWO OF THIS
 SECTION SHALL CONSTITUTE A TRAFFIC INFRACTION PUNISHABLE BY  A  FINE  OF
 NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN THREE HUNDRED DOLLARS.
   (C)  A  VIOLATION  OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
 WHILE USING A TRAFFIC-CONTROL SIGNAL  PREEMPTION  DEVICE  TO  CHANGE  OR
 ATTEMPT  TO CHANGE THE SIGNAL INDICATIONS OF A TRAFFIC-CONTROL SIGNAL OR
 TRAFFIC-CONTROL DEVICE SHALL CONSTITUTE A CLASS A MISDEMEANOR.
   (D) IF A SERIOUS PHYSICAL INJURY OR DEATH, AS DEFINED BY  ARTICLE  TEN
 OF  THE PENAL LAW, OCCURS AS A RESULT OF A VIOLATION OF PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION WHILE  USING  A  TRAFFIC-CONTROL  SIGNAL
 PREEMPTION DEVICE TO AFFECT THE OPERATION OF A TRAFFIC-CONTROL SIGNAL OR
 TRAFFIC-CONTROL  DEVICE, SUCH VIOLATION SHALL CONSTITUTE A CLASS E FELO-
 NY.
   (E)  NOTHING  IN  THIS  SECTION  SHALL  BE  DEEMED  TO  SUPERSEDE  THE
 PROVISIONS OF ANY OTHER APPLICABLE SECTION OF LAW.
   §  3.  Subdivision (b) of section 1115 of the vehicle and traffic law,
 as amended by chapter 251 of the laws of 2016,  is  amended  and  a  new
 subdivision (d) is added to read as follows:
   (b)  For  the  purposes of this section the following terms shall have
 the following meanings:
   1. to "deface" shall include,  but  not  be  limited  to,  to  damage,
 destroy,  disfigure, erase, ruin, distort, spoil or otherwise change the
 external appearance of an object by the use  of  chalk,  crayon,  paint,
 stain, ink or other similar material.
   2.  to  "alter"  a  traffic-control  signal  shall include, but not be
 limited to, changing or attempting to change the signal indications of a
 traffic-control signal by use of  a  traffic-control  signal  preemption
 device.
   [3.  "traffic-control  signal preemption device" shall mean any device
 designed or used to change or attempt to change the  signal  indications
 of a traffic-control signal.]

 S. 1632--A                          3
 
   (D)  A  VIOLATION  OF  THIS  SECTION  SHALL BE SUBJECT TO PENALTIES IN
 ACCORDANCE WITH PARAGRAPHS (B), (C) AND  (D)  OF  SUBDIVISION  THREE  OF
 SECTION THREE HUNDRED NINETY-SEVEN-C OF THIS CHAPTER.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized and directed  to
 be made and completed on or before such effective date.