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.
STATE OF NEW YORK
________________________________________________________________________
2296
2023-2024 Regular Sessions
IN SENATE
January 19, 2023
___________
Introduced by Sens. MAYER, HARCKHAM -- 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 following an accident or collision involving
8 damage to real or personal property, personal injury or death. The
9 commissioner shall not require any police department to participate in
10 such program.
11 2. Definitions. For the purposes of this section:
12 (a) "Field testing" shall mean the use of an electronic scanning
13 device:
14 (1) approved and utilized in accordance with rules jointly promulgated
15 by the commissioner and the commissioner of criminal justice services;
16 (2) approved and certified for use by Westchester county;
17 (3) used only to scan the log records on the mobile telephone or port-
18 able electronic device of the operator of the motor vehicle to determine
19 whether or not the operator of a motor vehicle was using a mobile tele-
20 phone or a portable electronic device in violation of section twelve
21 hundred twenty-five-c or twelve hundred twenty-five-d of this article,
22 provided, however, that such use of an electronic scanning device shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02134-01-3
S. 2296 2
1 be limited to a search of log records that have been activated by typing
2 or swiping actions on a mobile telephone or electronic portable device
3 in the prior sixty minutes in determining whether the operator of a
4 motor vehicle was using a mobile telephone or portable electronic device
5 in violation of either such section at or near the time of the accident
6 or collision which provides the grounds for such testing. No such elec-
7 tronic scan shall access, collect or store user data or the content or
8 origin of any communication or game conducted, or image or electronic
9 data viewed, on a mobile telephone or portable electronic device.
10 (b) "Log records" shall mean the log records of keyboard usage, activ-
11 ity logs and applications logs for mobile telephones and portable elec-
12 tronic devices. For the purposes of this section, log records shall
13 include only log records which have been activated by typing or swiping
14 a mobile telephone or portable electronic device, and shall not include
15 any log records that were activated by Bluetooth or voice activation
16 technology.
17 (c) "Mobile telephone" shall mean a mobile telephone as defined in
18 paragraph (a) of subdivision one of section twelve hundred twenty-five-c
19 of this article.
20 (d) "Portable electronic device" shall mean a portable electronic
21 device as defined in paragraph (a) of subdivision two of section twelve
22 hundred twenty-five-d of this article.
23 (e) "User data" shall mean text messages, contacts, call history,
24 pictures, videos, files, contents of databases, contents of applica-
25 tions, names of applications or deleted data.
26 (f) "Using" shall mean:
27 (1) for the purposes of mobile telephones, as defined in paragraph (c)
28 of subdivision one of section twelve hundred twenty-five-c of this arti-
29 cle; and
30 (2) for the purposes of portable electronic devices, as defined in
31 paragraph (b) of subdivision two of section twelve hundred twenty-five-d
32 of this article.
33 3. Scope of field testing. (a) Every person operating a motor vehicle
34 which has been involved in an accident or collision involving damage to
35 real or personal property, personal injury or death, and who has in his
36 or her possession at or near the time of such accident or collision, a
37 mobile telephone or personal electronic device, shall at the request of
38 a police officer, submit his or her mobile telephone and/or portable
39 electronic device to the police officer solely for the purpose of field
40 testing such mobile telephone and/or portable electronic device. If such
41 field testing determines that the operator of the motor vehicle was
42 using his or her mobile telephone or portable electronic device in
43 violation of section twelve hundred twenty-five-c or twelve hundred
44 twenty-five-d of this article, the results of such testing shall consti-
45 tute evidence of any such violation.
46 (b) The department, Westchester county and any police departments and
47 their respective agents participating in the pilot program authorized by
48 this section may store log records collected during electronic scans and
49 use such log records only to determine the accuracy of field testing and
50 the prevalence of violations of section twelve hundred twenty-five-c or
51 twelve hundred twenty-five-d of this article. No user data may be
52 collected or stored by the department, Westchester county or any police
53 departments or their respective agents participating in the pilot
54 program authorized by this section.
55 4. Report. At the conclusion of such pilot program, the commissioner
56 in consultation with the commissioner of criminal justice services shall
S. 2296 3
1 assess the program and submit a report to the legislature and the gover-
2 nor, which shall include, but not be limited to, the impact of the
3 program on reducing traffic accidents, the amount of phones tested, and
4 data analyzing the cost, efficiency, and accuracy of the field testing.
5 5. Participation. Participation in the pilot program for the county of
6 Westchester shall be optional and subject to participation guidelines
7 established by the commissioner.
8 § 2. This act shall take effect on the ninetieth day after it shall
9 have become a law and shall expire and be deemed repealed two years
10 after such date.
