senate Bill S6325A

2015-2016 Legislative Session

Provides for the field testing for use of mobile telephones and portable electronic devices while driving after an accident or collision

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Finance Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 01, 2016 reported and committed to finance
Feb 01, 2016 print number 6325a
Feb 01, 2016 amend (t) and recommit to transportation
Jan 06, 2016 referred to transportation

Votes

view votes

Mar 1, 2016 - Transportation committee Vote

S6325A
11
2
committee
11
Aye
2
Nay
5
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Mar 1, 2016

nay (2)
excused (1)

S6325 - Details

See Assembly Version of this Bill:
A8613A
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§215, 503 & 511, add §1225-e, V & T L; amd §837, Exec L

S6325 - Summary

Provides for the field testing for use of mobile telephones and portable electronic devices while driving after an accident or collision.

S6325 - Sponsor Memo

S6325 - Bill Text download pdf

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

                                  6325

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- 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  portable
  electronic  device field tests for drivers of motor vehicles that have
  been involved in an accident

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

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1225-dd to read as follows:
  S 1225-DD. PORTABLE ELECTRONIC DEVICE FIELD TESTING. 1.  EVERY  PERSON
OPERATING  A MOTOR VEHICLE WHICH HAS BEEN INVOLVED IN AN ACCIDENT SHALL,
AT THE REQUEST OF A POLICE OFFICER,  SUBMIT  TO  A  PORTABLE  ELECTRONIC
DEVICE  FIELD  TEST USING AVAILABLE TECHNOLOGY TO BE ADMINISTERED BY THE
POLICE OFFICER. FOR PURPOSES OF THIS SECTION THE  TERM  "PORTABLE  ELEC-
TRONIC  DEVICE"  SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (A)
OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS ARTI-
CLE.
  2. ANY PERSON WHO OPERATES A MOTOR VEHICLE  IN  THIS  STATE  SHALL  BE
DEEMED  TO HAVE GIVEN CONSENT TO A PORTABLE ELECTRONIC DEVICE FIELD TEST
FOR THE PURPOSE OF DETERMINING PORTABLE  ELECTRONIC  DEVICE  USAGE  WHEN
INVOLVED  IN AN ACCIDENT WHILE OPERATING A MOTOR VEHICLE INCLUDING PHONE
ACTIVITY FOR THE PERIOD OF  TIME  IMMEDIATELY  PRECEDING  THE  ACCIDENT,
PROVIDED  THAT  SUCH  TEST  IS  ADMINISTERED BY OR AT THE DIRECTION OF A
POLICE OFFICER:
  (A) HAVING REASONABLE GROUNDS TO BELIEVE  SUCH  PERSON  TO  HAVE  BEEN
OPERATING  IN  VIOLATION OF SECTION TWELVE HUNDRED TWENTY-FIVE-D OF THIS
ARTICLE;
  (B) FOR THE PURPOSES OF THIS SECTION, "REASONABLE GROUNDS" TO  BELIEVE
THAT A PERSON HAS BEEN OPERATING A MOTOR VEHICLE IN VIOLATION OF SECTION
TWELVE  HUNDRED  TWENTY-FIVE-D  OF  THIS  ARTICLE SHALL BE DETERMINED BY
VIEWING THE TOTALITY OF CIRCUMSTANCES SURROUNDING  THE  INCIDENT  WHICH,
WHEN TAKEN TOGETHER, INDICATE THAT THE OPERATOR WAS DRIVING IN VIOLATION
OF  SUCH  SECTION.  SUCH CIRCUMSTANCES MAY INCLUDE ANY VISIBLE OR BEHAV-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S6325A (ACTIVE) - Details

See Assembly Version of this Bill:
A8613A
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§215, 503 & 511, add §1225-e, V & T L; amd §837, Exec L

S6325A (ACTIVE) - Summary

Provides for the field testing for use of mobile telephones and portable electronic devices while driving after an accident or collision.

S6325A (ACTIVE) - Sponsor Memo

S6325A (ACTIVE) - Bill Text download pdf

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

                                 6325--A

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the vehicle and traffic law and the  executive  law,  in
  relation  to the field testing of mobile telephones and portable elec-
  tronic devices after a motor vehicle accident or  collision  involving
  damage to real or personal property, personal injury or death

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

  Section 1. Legislative intent. The legislature hereby finds  that  the
use  of  mobile  telephones and/or personal electronic devices has dras-
tically increased the prevalence of distracted driving. This destructive
behavior endangers the lives of every driver and passenger traveling  on
New  York  state roadways. In 2001, this legislature enacted legislation
prohibiting the use of mobile telephones  while  driving,  and  in  2009
updated  the  law to include all portable electronic devices. The execu-
tive branch initiated a public campaign against  cell  phone  use  while
driving, and has even established "text stops" along all major highways.
While these efforts have brought much needed attention to the dangers of
distracted driving, reports indicate that 67 percent of drivers admit to
continued  use  of  their cell phones while driving despite knowledge of
the inherent danger to themselves and others on  the  road.  A  10  year
trend  of  declining collisions and casualties was reversed this year as
crashes are up 14 percent, and fatalities increased 8 percent,  suggest-
ing  that  the  problem  has not only gotten worse, but is still greatly
misunderstood.
  Furthermore, law enforcement has  a  difficult  time  enforcing  these
public  safety laws, especially after an accident where it is impossible
to discern whether the operator of a motor vehicle was in fact using his
or her cell phone immediately prior to or at the time of the collision.
  Empowering our law enforcement with technology, which is able to imme-
diately determine cell phone usage without an inquiry into the  content,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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