Assembly Bill A10878

2017-2018 Legislative Session

Relates to requesting the cell phone records of drivers involved in car accidents

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A10878 (ACTIVE) - Details

See Senate Version of this Bill:
S8467
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §603-c, V & T L

2017-A10878 (ACTIVE) - Summary

Requires the police or district attorney to request the cell phone records of drivers involved in car accidents that result in a fatality or serious physical injury.

2017-A10878 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10878
 
                           I N  A S S E M B L Y
 
                               May 25, 2018
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation  to  requesting
   the cell phone records of drivers involved in car accidents
 
   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 603-c to read as follows:
   §  603-C. ACCIDENTS; POLICE OR DISTRICT ATTORNEY REQUEST OF CELL PHONE
 RECORDS. 1. IN ADDITION TO THE REQUIREMENTS OF SECTION SIX HUNDRED THREE
 OF THIS ARTICLE, WHENEVER A MOTOR VEHICLE ACCIDENT RESULTS IN A  SERIOUS
 PHYSICAL  INJURY  OR  DEATH  TO  A  PERSON,  AND SUCH ACCIDENT EITHER IS
 DISCOVERED BY A POLICE OFFICER, OR REPORTED TO A POLICE  OFFICER  WITHIN
 FIVE  DAYS  AFTER  SUCH  ACCIDENT  OCCURRED,  THE POLICE OR THE DISTRICT
 ATTORNEY OF THE COUNTY WHERE THE ACCIDENT  OCCURRED  SHALL  REQUEST  THE
 CELL PHONE RECORDS OF ALL DRIVERS INVOLVED WITH SUCH ACCIDENT.
   2.  THE PURPOSE OF REQUESTING CELL PHONE RECORDS AS REQUIRED BY SUBDI-
 VISION ONE OF THIS SECTION SHALL BE TO ASSIST  WITH  ANY  INVESTIGATIONS
 MADE  PURSUANT  TO  SECTION  SIX HUNDRED THREE OR SIX HUNDRED THREE-A OF
 THIS ARTICLE. SUCH RECORDS SHALL INDICATE THE CELL PHONE USAGE  OF  EACH
 DRIVER AT THE TIME OF THE ACCIDENT.
   3.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "SERIOUS PHYSICAL INJURY" SHALL HAVE THE SAME MEANING AS SUCH TERM
 IS DEFINED IN SECTION 10.00 OF THE PENAL LAW; AND
   (B) "CELL PHONE USAGE" SHALL MEAN HOLDING A CELL PHONE WHILE  VIEWING,
 TAKING  OR  TRANSMITTING  IMAGES,  PLAYING GAMES, OR, FOR THE PURPOSE OF
 PRESENT OR FUTURE COMMUNICATION:   PERFORMING A COMMAND  OR  REQUEST  TO
 ACCESS  A  WORLD  WIDE  WEB  PAGE, COMPOSING, SENDING, READING, VIEWING,
 ACCESSING, BROWSING, TRANSMITTING, SAVING  OR  RETRIEVING  E-MAIL,  TEXT
 MESSAGES, INSTANT MESSAGES, OR OTHER ELECTRONIC DATA.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15740-01-8

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