Assembly Bill A3059

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3059

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. MILLER
  -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law, the vehicle and traffic law and the
  general business law, in relation to use of event  data  recorders  in
  motor vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 165.09 of the penal law is amended by adding a  new
subdivision 3 to read as follows:
  3. HE OR SHE INTENTIONALLY TAMPERS WITH, DESTROYS, DISABLES OR REMOVES
AN EVENT DATA RECORDER FROM A MOTOR VEHICLE, EXCEPT THAT IT IS A DEFENSE
TO SUCH CHARGE THAT SUCH PERSON WAS AUTHORIZED TO DO SO PURSUANT TO LAW.
FOR PURPOSES OF THIS SUBDIVISION, AN "EVENT DATA RECORDER" IS AS DEFINED
IN SECTION THREE HUNDRED NINETY-TWO-C OF THE VEHICLE AND TRAFFIC LAW.
  S  2.  The  vehicle and traffic law is amended by adding a new section
392-c to read as follows:
  S 392-C. EVENT  DATA  RECORDER  EVIDENCE  IN  ACTIONS  OR  PROCEEDINGS
INVOLVING  MOTOR  VEHICLES. 1. DEFINITION. FOR PURPOSES OF THIS SECTION,
AN "EVENT DATA RECORDER" MEANS A DEVICE INSTALLED  IN  A  MOTOR  VEHICLE
THAT  HAS  THE  ABILITY  TO  RECORD  THE LAST SECONDS BEFORE A COLLISION
INCLUDING, BUT NOT LIMITED TO, THE VEHICLE'S SPEED,  THE  ENGINE  SPEED,
WHETHER  THE  BRAKES ARE APPLIED, AND THE POSITION OF THE GAS PEDAL, THE
MOMENT THE AIR BAGS DEPLOYED, WHETHER THE SAFETY BELTS WERE IN USE,  AND
THE FORCE OF THE COLLISION.
  2.  EVENT DATA RECORDER EVIDENCE. EVERY PERSON OPERATING A MOTOR VEHI-
CLE WITH AN EVENT DATA RECORDER ON BOARD WHICH HAS BEEN INVOLVED  IN  AN
ACCIDENT  OR  WHICH IS OPERATED IN VIOLATION OF ANY OF THE PROVISIONS OF
THIS CHAPTER SHALL, AT THE REQUEST OF A POLICE OFFICER AT  THE  ACCIDENT
SCENE  OR  IN  RESPONSE TO A DULY ISSUED WARRANT, SUBMIT SUCH EVENT DATA
RECORDER TO THE CUSTODY OF LAW ENFORCEMENT FOR  ACCIDENT  RECONSTRUCTION
ANALYSIS  AND  REPORT. A COPY OF SUCH EVENT DATA RECORDER'S ANALYSIS AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05570-01-9
              

A. 3059                             2

REPORT SHALL BE PROVIDED DIRECTLY  TO  THE  PARTIES  OF  ANY  ACTION  OR
PROCEEDING AS SOON AS PRACTICABLE.
  3.  ADMISSIBILITY.  UPON THE TRIAL OF ANY ACTION OR PROCEEDING ARISING
OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY ANY PERSON ARRESTED FOR
A VIOLATION OR A CRIME INVOLVING A MOTOR  VEHICLE  WITH  AN  EVENT  DATA
RECORDER ON BOARD, THE COURT SHALL ADMIT EVIDENCE LAWFULLY OBTAINED FROM
THE VEHICLE'S EVENT DATA RECORDER. FOR PURPOSES OF THIS SUBDIVISION, THE
STATE  SHALL  ESTABLISH THAT ANY PERSON ARRESTED BASED ON DATA RETRIEVED
FROM AN EVENT DATA RECORDER HAD ACTUAL  KNOWLEDGE  OF  SUCH  EVENT  DATA
RECORDER'S  PRESENCE ON BOARD THE MOTOR VEHICLE BEFORE MAKING ANY STATE-
MENTS TO LAW ENFORCEMENT AGENTS  SOUGHT  TO  BE  ADMITTED  AGAINST  SUCH
PERSON IN AN ACTION OR PROCEEDING.
  4.  SUPPRESSION.  A  DEFENDANT  WHO HAS BEEN COMPELLED TO SUBMIT EVENT
DATA RECORDER EVIDENCE OR STATEMENT EVIDENCE PURSUANT  TO  THIS  SECTION
MAY MOVE FOR THE SUPPRESSION OF SUCH EVIDENCE IN ACCORDANCE WITH ARTICLE
SEVEN  HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW ON THE GROUNDS THAT THE
EVIDENCE WAS OBTAINED IN VIOLATION OF THE PROVISIONS OF SUCH SUBDIVISION
OR ANY OTHER APPLICABLE LAW.
  S 3. The general business law is amended by adding a new section 198-c
to read as follows:
  S 198-C. SALE OR LEASE OF MOTOR VEHICLES CONTAINING EVENT DATA RECORD-
ERS. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
RY, EACH SALE OR LEASE OF A MOTOR VEHICLE WITH AN EVENT DATA RECORDER ON
BOARD SHALL INCLUDE A WRITTEN AND VERBAL WARNING  TO  THE  PURCHASER  OR
LEASEHOLDER  THAT AN EVENT DATA RECORDER IS LOCATED ON BOARD AND THAT IT
CONSTITUTES A CRIME IN NEW YORK STATE TO TAMPER WITH, DISABLE, REMOVE OR
DESTROY SUCH EVENT DATA RECORDER.
  2. FOR PURPOSES OF THIS SECTION, AN  "EVENT  DATA  RECORDER"  MEANS  A
DEVICE  INSTALLED  IN A MOTOR VEHICLE THAT HAS THE ABILITY TO RECORD THE
LAST SECONDS BEFORE A COLLISION INCLUDING, BUT NOT LIMITED TO, THE VEHI-
CLE'S SPEED, THE ENGINE SPEED, WHETHER THE BRAKES ARE APPLIED,  AND  THE
POSITION OF THE GAS PEDAL, THE MOMENT THE AIR BAGS DEPLOYED, WHETHER THE
SAFETY BELTS WERE IN USE, AND THE FORCE OF THE COLLISION.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.