Assembly Bill A10914

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10914
 
                           I N  A S S E M B L Y
 
                               May 29, 2018
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  creating
   pilot  programs for the field testing of mobile telephones or portable
   electronic devices by local police departments in  Westchester  county
   and Kings county; and providing for the repeal of such provisions upon
   expiration thereof

   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-e to read as follows:
   §  1225-E.  PILOT  PROGRAM  FOR FIELD TESTING OF MOBILE TELEPHONES AND
 PORTABLE ELECTRONIC DEVICES. 1. PURPOSE. FOR THE COUNTY  OF  WESTCHESTER
 AND  THE  COUNTY  OF  KINGS, THE COMMISSIONER SHALL AUTHORIZE A TWO YEAR
 PILOT PROGRAM FOR EACH COUNTY TO ALLOW LOCAL POLICE DEPARTMENTS TO FIELD
 TEST MOBILE TELEPHONES AND  PORTABLE  ELECTRONIC  DEVICES.  EACH  COUNTY
 PILOT  PROGRAM  SHALL  BE  SEPARATE  AND INDEPENDENT OF THE OTHER.   THE
 COMMISSIONER SHALL NOT REQUIRE ANY POLICE DEPARTMENT TO  PARTICIPATE  IN
 SUCH PROGRAM.
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A)  "FIELD  TESTING"  SHALL  MEAN  THE  USE OF AN ELECTRONIC SCANNING
 DEVICE, APPROVED AND UTILIZED IN ACCORDANCE WITH RULES  JOINTLY  PROMUL-
 GATED  BY  THE  COMMISSIONER  AND  THE  COMMISSIONER OF CRIMINAL JUSTICE
 SERVICES, TO DETERMINE WHETHER OR NOT THE OPERATOR OF  A  MOTOR  VEHICLE
 WAS  USING  A  MOBILE  TELEPHONE  OR  A  PORTABLE  ELECTRONIC  DEVICE IN
 VIOLATION OF SECTION TWELVE  HUNDRED  TWENTY-FIVE-C  OR  TWELVE  HUNDRED
 TWENTY-FIVE-D  OF THIS ARTICLE. PROVIDED, THAT SUCH USE OF AN ELECTRONIC
 SCANNING DEVICE SHALL BE LIMITED TO DETERMINING WHETHER THE OPERATOR  OF
 A  MOTOR  VEHICLE  WAS  USING  A MOBILE TELEPHONE OR PORTABLE ELECTRONIC
 DEVICE IN VIOLATION OF EITHER SUCH SECTION AT OR NEAR THE  TIME  OF  THE
 ACCIDENT  OR  COLLISION  WHICH  PROVIDES  THE  GROUNDS FOR SUCH TESTING.
 FURTHERMORE, NO SUCH ELECTRONIC SCAN SHALL INCLUDE THE CONTENT OR ORIGIN
 OF ANY COMMUNICATION OR GAME CONDUCTED,  OR  IMAGE  OR  ELECTRONIC  DATA
 VIEWED, ON A MOBILE TELEPHONE OR PORTABLE ELECTRONIC DEVICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15754-04-8

 A. 10914                            2
 
   (B)  "MOBILE  TELEPHONE"  SHALL  MEAN A MOBILE TELEPHONE AS DEFINED IN
 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C
 OF THIS ARTICLE.
   (C)  "PORTABLE  ELECTRONIC  DEVICE"  SHALL  MEAN A PORTABLE ELECTRONIC
 DEVICE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION  TWELVE
 HUNDRED TWENTY-FIVE-D OF THIS ARTICLE.
   (D) "USING" SHALL MEAN:
   (1) FOR THE PURPOSES OF MOBILE TELEPHONES, AS DEFINED IN PARAGRAPH (C)
 OF SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THIS ARTI-
 CLE; AND
   (2)  FOR  THE  PURPOSES  OF PORTABLE ELECTRONIC DEVICES, AS DEFINED IN
 PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED TWENTY-FIVE-D
 OF THIS ARTICLE.
   3. SCOPE OF FIELD TESTING. (A) EVERY PERSON OPERATING A MOTOR  VEHICLE
 WHICH  HAS BEEN INVOLVED IN AN ACCIDENT OR COLLISION INVOLVING DAMAGE TO
 REAL OR PERSONAL PROPERTY, PERSONAL INJURY OR DEATH, AND WHO HAS IN  HIS
 OR  HER  POSSESSION AT OR NEAR THE TIME OF SUCH ACCIDENT OR COLLISION, A
 MOBILE TELEPHONE OR PERSONAL ELECTRONIC DEVICE, SHALL AT THE REQUEST  OF
 A  POLICE OFFICER, SURRENDER HIS OR HER MOBILE TELEPHONE AND/OR PORTABLE
 ELECTRONIC DEVICE TO THE POLICE OFFICER SOLELY FOR THE PURPOSE OF  FIELD
 TESTING SUCH MOBILE TELEPHONE AND/OR PORTABLE ELECTRONIC DEVICE. IF SUCH
 FIELD  TESTING  DETERMINES  THAT  THE  OPERATOR OF THE MOTOR VEHICLE WAS
 USING HIS OR HER MOBILE  TELEPHONE  OR  PORTABLE  ELECTRONIC  DEVICE  IN
 VIOLATION  OF  SECTION  TWELVE  HUNDRED  TWENTY-FIVE-C OR TWELVE HUNDRED
 TWENTY-FIVE-D OF THIS ARTICLE, THE RESULTS OF SUCH TESTING SHALL CONSTI-
 TUTE EVIDENCE OF ANY SUCH VIOLATION.
   (B) THE DEPARTMENT SHALL STORE DATA COLLECTED DURING ELECTRONIC  SCANS
 AND USE SUCH DATA TO DETERMINE THE ACCURACY OF FIELD TESTING.
   4.  REPORT.  AT THE CONCLUSION OF SUCH PILOT PROGRAM, THE COMMISSIONER
 IN CONSULTATION WITH THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES SHALL
 ASSESS THE PROGRAM AND SUBMIT A REPORT TO THE LEGISLATURE AND THE GOVER-
 NOR, WHICH SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  THE  IMPACT  OF  THE
 PROGRAM  ON REDUCING TRAFFIC ACCIDENTS, THE AMOUNT OF PHONES TESTED, AND
 DATA ANALYZING THE COST, EFFICIENCY, AND ACCURACY OF THE FIELD TESTING.
   5. PARTICIPATION. PARTICIPATION IN THE PILOT PROGRAMS FOR THE COUNTIES
 OF WESTCHESTER AND KINGS SHALL BE OPTIONAL AND SUBJECT TO  PARTICIPATION
 GUIDELINES ESTABLISHED BY THE COMMISSIONER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall expire and  be  deemed  repealed  two  years
 after such date.