What's happening
This bill makes using a mobile phone or electronic device while driving with a child under 16 a misdemeanor with increased penalties.
Why it matters
Increases the legal consequences. for drivers who use mobile phones or electronic devices while transporting children under 16, elevating the offense from a simple traffic infraction to a criminal misdemeanor.
Imposes harsher penalties. , including higher fines (minimum $150, maximum $500) and possible jail time (up to 90 days) for violators, reflecting the legislature’s intent to treat child endangerment in these situations much more seriously.
Aims to deter distracted driving. specifically when minors are present, signaling a stronger commitment to protecting children from the heightened dangers of distracted-driving-related accidents.
Creates a significant legal distinction. between distracted driving with and without children in the car, which could affect insurance rates, criminal records, and future driving privileges for those convicted.
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Who cares
Headline styles
Jail for Driving Distracted with Kids
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 40
No co-sponsors yet.
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 Texting With Kids
In Assembly Committee · Transportation · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
330
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. MURPHY -- 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 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02346-01-7
S. 330 2
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 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.
Sponsor's memo
Title of bill
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
Purpose
This bill would increase the penalties for using a mobile telephone or portable electronic device while operating a motor vehicle while having children in the vehicle.
Summary of provisions
Section one amends subdivision 4 of section 1225-c of the vehicle and traffic law, regarding the use of mobile telephones while operating a motor vehicle, to provide that if a child who is fifteen years of age or less is in the motor vehicle at the time there is a 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.
Section two amends subdivision 6 of section 1225-d of the vehicle and traffic law regarding the use of portable electronic devices, to provide that if a child who is fifteen years of age or less is in the motor vehicle at the time there is a 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.
Section three establishes the effective date.
Justification
Distracted driving is broadly defined to be any instance where a driver diverts his or her attention from the task of driving to another activity. Roughly nine Americans are killed in motor vehicle accidents caused by distracted driving daily. One of the most notable distractions is the use of cell phones while driving. A National Safety Council study showed that one in four motor vehicle accidents involved cell phone use by the driver.
What is more alarming is the number of parents that continue to use their cell phone while driving despite the documented danger to their children in the vehicle. A recent study showed that two-thirds of participants admitted to using their cell phones while driving with their child. Further, about fifteen percent of parents admitted to texting while driving with their child in the car. The dangers associated with using a cell phone while driving are indisputable, and while public campaigns to end this practice are prominent throughout the state, more can be done to deter this senselessly hazardous behavior. This bill would further the State's interest in deterring drivers from using their cell phones while having children in the vehicle by increasing the penalties for those found in violation of using a cell phone or electronic portable device while operating a motor vehicle.
Legislative history
2016: S.6354 - referred to Transportation
Fiscal implications
None to the state
Effective date
This act shall take effect on the first September next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.