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