Bill Text: NY A04020 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits any person from attempting to or to in fact alter, deface, injure, knock down, cover, remove or otherwise interfere with any traffic control device or railroad sign or signal; provides an affirmative defense therefor that operator can show he or she was not aware of the device.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-04-18 - REFERRED TO TRANSPORTATION [A04020 Detail]

Download: New_York-2011-A04020-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2754                                                  A. 4020
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 1, 2011
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed,  and  when printed to be committed to the Committee on Transporta-
         tion
       IN ASSEMBLY -- Introduced by M.  of  A.  CANESTRARI  --  read  once  and
         referred to the Committee on Transportation
       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:
    1    Section  1. Section 1115 of the vehicle and traffic law, as amended by
    2  chapter 315 of the laws of 1969, is amended to read as follows:
    3    S 1115. Interference with official traffic-control  devices,  railroad
    4  signs  or  signals and other highway appurtenances. (a) No person shall,
    5  without lawful authority, attempt to or in fact alter,  deface,  injure,
    6  knock  down,  cover,  remove,  or  otherwise interfere with any official
    7  traffic-control  device  or  any  railroad  sign  or  signal,   or   any
    8  inscription, shield, or insignia thereon, or any other part thereof; any
    9  bridge  or  similar  structure;  any monument, lamppost, telephone pole,
   10  fence, walk, curb, tree, rock cut or other  appurtenance  on  a  highway
   11  right of way.
   12    (b) For the purposes of this section[,] THE FOLLOWING TERMS SHALL HAVE
   13  THE FOLLOWING MEANINGS:
   14    1.  to  ['deface']  "DEFACE"  shall include, but not be limited to, to
   15  damage, destroy, disfigure, erase, ruin,  distort,  spoil  or  otherwise
   16  change the external appearance of an object by the use of chalk, crayon,
   17  paint, stain, ink or other similar material.
   18    2.  TO  "ALTER"  A  TRAFFIC-CONTROL  SIGNAL  SHALL INCLUDE, BUT NOT BE
   19  LIMITED TO, CHANGING OR ATTEMPTING TO CHANGE THE SIGNAL INDICATIONS OF A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06073-01-1
       S. 2754                             2                            A. 4020
    1  TRAFFIC-CONTROL SIGNAL BY USE OF  A  TRAFFIC-CONTROL  SIGNAL  PREEMPTION
    2  DEVICE.
    3    3.  "TRAFFIC-CONTROL  SIGNAL  PREEMPTION DEVICE" SHALL MEAN ANY DEVICE
    4  DESIGNED OR USED TO CHANGE OR ATTEMPT TO CHANGE THE  SIGNAL  INDICATIONS
    5  OF A TRAFFIC-CONTROL SIGNAL.
    6    (C)  THE  PRESENCE IN A VEHICLE OF A TRAFFIC-CONTROL SIGNAL PREEMPTION
    7  DEVICE CONNECTED TO A POWER SOURCE  AND  IN  AN  OPERABLE  CONDITION  IS
    8  PRESUMPTIVE  EVIDENCE  OF  ITS USE BY ANY PERSON OPERATING SUCH VEHICLE.
    9  SUCH PRESUMPTION SHALL BE REBUTTED BY ANY CREDIBLE AND RELIABLE EVIDENCE
   10  WHICH TENDS TO SHOW THAT SUCH DEVICE WAS NOT IN USE.
   11    S 2. This act shall take effect on the first of November next succeed-
   12  ing the date on which it shall have become a law.