What's happening
This bill makes using a mobile phone or portable electronic device in a vehicle with a child under 16 a misdemeanor with higher fines and possible jail time.
Why it matters
Creates a stronger deterrent for distracted driving. when children are present by making it a misdemeanor (not just a traffic infraction) if a driver uses a mobile phone or portable electronic device with a child 15 or younger in the vehicle.
Significantly increases potential penalties. for offenders in these situations, including higher minimum and maximum fines ($150–$500) and the possibility of up to 90 days in jail, aiming to underscore the seriousness of endangering child passengers.
Targets child safety specifically. , reflecting growing concern about the heightened risks distracted driving poses to young passengers, and signaling a legislative priority to protect children on the road.
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Who cares
Headline styles
Jail for Texting Near Kids
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History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3113
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
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.
LBD07532-01-9
A. 3113 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.