Albany Proposes Law To Prohibit 'Texting While Walking' [POLL]

In New York, it's illegal to use a hand-held mobile phone or portable electronic device while you drive. According to the Department of Motor Vehicles, using a portable electronic device while driving — except to call 911 or medical, fire or police personnel about an emergency — can net you a traffic ticket and make you subject to a fine.

The state defines the use of a portable electronic device to include talking on a cellphone, sending or checking email, texting, browsing the internet, taking photos and playing games.

Penalties include a traffic ticket, fine, surcharge and points being added to your driving record. You get enough points and your license may be suspended.

Recently, a bill was introduced in the state Senate that would make it illegal to cross streets while staring at a smartphone.

Sen. John Liu, a Queens Democrat, and Assemblyman Felix Ortiz, a Brooklyn Democrat, are sponsors of bills in their respective chambers that would prohibit "a pedestrian from using a portable electronic device while crossing a roadway."

The intent of the law is to protect both people walking and those driving "from serious and even fatal consequences due to distraction while using a mobile device," according to information on the state Senate website.

The Senate bill is S5746; the Assembly, A1516. Neither bill has advanced beyond being in committee.

The first violation — that is, if you aren't calling for an emergency or aren't a first responder in an official capacity — could yield a fine of not less than $25 or more than $50. A second conviction within 18 months sees the fine go up to $50-$100.

The third time is definitely not the charm, because a third or subsequent violation raises the fine up to $250.

Liu said it's all about common sense, but Marco Conner, of the nonprofit Transportation Alternative, said the bill is ill-informed and could lead to discretionary policing, citylab.com said.

New York wouldn't be alone in having such a law on the books.

Similar legislation has passed in smaller cities in Hawaii and California, abc7ny.com said.

The New York version of the law may not go anywhere, because the person who runs the Senate Transportation Committee — Tim Kennedy, a Democrat from Buffalo — said it's not going to clear his committee.

He said he's all for pedestrian safety reform, but he thinks prohibiting people from looking at smartphones while crossing the street is "overreach," the New York Post said.

Kennedy did add that he was open to discussing common-sense solutions that would be in New Yorkers' best interests.

Now it's your turn to weigh in. Vote in our unscientific poll and tell us what you think in the comments.