Bill Text: NY S02687 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes optional pilot programs for the county of Westchester, for local police departments to use electronic scanning devices to determine whether or not the operator of a vehicle was using a mobile phone or portable electronic device near the time of an accident or collision.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-04-30 - REPORTED AND COMMITTED TO FINANCE [S02687 Detail]

Download: New_York-2019-S02687-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2687
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
                                       ___________
        Introduced  by  Sens. MAYER, CARLUCCI -- 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  creating  a
          pilot  program  for the field testing of mobile telephones or portable
          electronic devices by local police departments in Westchester  county;
          and providing for the repeal of such provisions upon expiration there-
          of
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 1225-e to read as follows:
     3    §  1225-e.  Pilot  program  for field testing of mobile telephones and
     4  portable electronic devices. 1. Purpose. For the county of  Westchester,
     5  the commissioner shall authorize a two year pilot program for such coun-
     6  ty to allow local police departments to field test mobile telephones and
     7  portable  electronic  devices.    The commissioner shall not require any
     8  police department to participate in such program.
     9    2. Definitions. For the purposes of this section:
    10    (a) "Field testing" shall mean  the  use  of  an  electronic  scanning
    11  device,  approved  and utilized in accordance with rules jointly promul-
    12  gated by the commissioner  and  the  commissioner  of  criminal  justice
    13  services,  to  determine  whether or not the operator of a motor vehicle
    14  was using  a  mobile  telephone  or  a  portable  electronic  device  in
    15  violation  of  section  twelve  hundred  twenty-five-c or twelve hundred
    16  twenty-five-d of this article. Provided, that such use of an  electronic
    17  scanning  device shall be limited to determining whether the operator of
    18  a motor vehicle was using a  mobile  telephone  or  portable  electronic
    19  device  in  violation  of either such section at or near the time of the
    20  accident or collision which  provides  the  grounds  for  such  testing.
    21  Furthermore, no such electronic scan shall include the content or origin
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06126-01-9

        S. 2687                             2
     1  of  any  communication  or  game  conducted, or image or electronic data
     2  viewed, on a mobile telephone or portable electronic device.
     3    (b)  "Mobile  telephone"  shall  mean a mobile telephone as defined in
     4  paragraph (a) of subdivision one of section twelve hundred twenty-five-c
     5  of this article.
     6    (c) "Portable electronic device"  shall  mean  a  portable  electronic
     7  device  as defined in paragraph (a) of subdivision two of section twelve
     8  hundred twenty-five-d of this article.
     9    (d) "Using" shall mean:
    10    (1) for the purposes of mobile telephones, as defined in paragraph (c)
    11  of subdivision one of section twelve hundred twenty-five-c of this arti-
    12  cle; and
    13    (2) for the purposes of portable electronic  devices,  as  defined  in
    14  paragraph (b) of subdivision two of section twelve hundred twenty-five-d
    15  of this article.
    16    3.  Scope of field testing. (a) Every person operating a motor vehicle
    17  which has been involved in an accident or collision involving damage  to
    18  real  or personal property, personal injury or death, and who has in his
    19  or her possession at or near the time of such accident or  collision,  a
    20  mobile  telephone or personal electronic device, shall at the request of
    21  a police officer, submit his or her  mobile  telephone  and/or  portable
    22  electronic  device to the police officer solely for the purpose of field
    23  testing such mobile telephone and/or portable electronic device. If such
    24  field testing determines that the operator  of  the  motor  vehicle  was
    25  using  his  or  her  mobile  telephone  or portable electronic device in
    26  violation of section twelve  hundred  twenty-five-c  or  twelve  hundred
    27  twenty-five-d of this article, the results of such testing shall consti-
    28  tute evidence of any such violation.
    29    (b)  The department shall store data collected during electronic scans
    30  and use such data to determine the accuracy of field testing.
    31    4. Report. At the conclusion of such pilot program,  the  commissioner
    32  in consultation with the commissioner of criminal justice services shall
    33  assess the program and submit a report to the legislature and the gover-
    34  nor,  which  shall  include,  but  not  be limited to, the impact of the
    35  program on reducing traffic accidents, the amount of phones tested,  and
    36  data analyzing the cost, efficiency, and accuracy of the field testing.
    37    5. Participation. Participation in the pilot program for the county of
    38  Westchester  shall  be  optional and subject to participation guidelines
    39  established by the commissioner.
    40    § 2. This act shall take effect on the ninetieth day  after  it  shall
    41  have  become  a  law  and  shall expire and be deemed repealed two years
    42  after such date.
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