What's happening
The bill makes using a mobile phone or portable electronic device in a vehicle with a child under 16 a misdemeanor, with higher penalties.
Why it matters
Elevates the legal consequences. for using a mobile phone or portable electronic device while driving with a child (15 or younger) present, treating it as a criminal misdemeanor rather than just a traffic infraction.
Introduces the possibility of jail time. (up to 90 days) in addition to increased fines ($150–$500), signaling the state’s intent to treat this offense as a serious endangerment of child safety.
Targets driver behavior when children are most vulnerable. , aiming to deter distracted driving specifically in situations where minors are at greater risk, which could affect both parental and caregiver habits.
Creates a clear distinction in penalties. between violations committed with and without young passengers, potentially shaping public attitudes and law enforcement focus regarding distracted driving around children.
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Jail for Texting With Kids
Plain English, a few words. Used as the page title.
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History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Jail for Driving Distracted with Kids
In Senate Committee · Transportation · Sponsor Terrence P. Murphy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4115
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
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 use of mobile telephones and portable electronic devices while a child is in a motor vehicle
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 1225-c of the vehicle and traffic law, as amended by section 6 of part B of chapter 55 of the laws of 2014, is amended to read as follows:
4. A violation of subdivision two of this section shall be a traffic infraction and shall be punishable by a fine of not less than fifty dollars nor more than two hundred 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 violation shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars; upon conviction of a third or subsequent 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 four hundred fifty dollars; provided, however, that if a child who is fifteen years of age or less is in the motor vehicle at the time of the violation of subdivision two of this section, such violation shall be a misdemeanor and shall be punishable by a fine of not less than one hundred fifty dollars nor more than five hundred dollars, imprisonment for not more than ninety days, or both such fine and imprisonment.
§ 2. Subdivision 6 of section 1225-d of the vehicle and traffic law, as amended by section 7 of part B of chapter 55 of the laws of 2014, is amended to read as follows:
6. A violation of this section shall be a traffic infraction and shall be punishable by a fine of not less than fifty dollars nor more than two
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02346-01-7
A. 4115 2
hundred 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 violation shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars; upon conviction of a third or subsequent 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 four hundred fifty dollars; provided, however, that if a child who is fifteen years of age or less is in the motor vehicle at the time of the violation of this section, such violation shall be a misdemeanor and shall be punishable by a fine of not less than one hundred fifty dollars nor more than five hundred dollars, imprisonment for not more than ninety days, or both such fine and imprisonment.
§ 3. This act shall take effect on the first of September next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.