NY State Senate Bill 2017-S8545A

Senate Bill S8545A

2017-2018 Legislative Session

Establishes pilot programs for the field testing of mobile phones and portable devices for the county of Westchester and the county of Kings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2018	print number 8545a
May 18, 2018	amend (t) and recommit to transportation
May 09, 2018	referred to transportation

Bill Amendments

Original

A (Active)

2017-S8545 - Details

See Assembly Version of this Bill:: A10914
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1225-e, V & T L
Versions Introduced in 2019-2020 Legislative Session:: A2247

2017-S8545 - Summary

Establishes optional pilot programs for the county of Westchester and the county of Kings, 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.

2017-S8545 - Sponsor Memo

                                
 
BILL NUMBER: S8545

SPONSOR: MURPHY
 
TITLE OF BILL:

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 thereof

 
PURPOSE:

For the county of Westchester, the commissioner shall authorize a two-
year pilot program to allow local police departments to field test
mobile telephones and portable electronic devices. The commissioner
shall not require any police department to participate in such program.

 
SUMMARY OF PROVISIONS:

Section One - The vehicle and traffic law is amended by adding a new
section 1225-e to create a non-mandatory opt-in two-year pilot program

in Westchester County to allow police departments to field text mobile
telephones and portable electronic devices. Definitions are included for
all scopes of the program and its purpose. After the conclusion of the
pilot program a report shall be made available regarding but not limited
to the impact of the program on reducing traffic accidents, number of
phones tested, costs, efficiency and accuracy.

Section Two - Sets forth a 90-day effective date which shall be repealed
after two years.

 
JUSTIFICATION:

Distracted driving is deadly. Nearly 20,000 people were killed in cras-
hes involving distracted drivers from 2011 through 2016 (the most recent
year available), according to National Highway Traffic Safety Adminis-
tration (NHTSA) data. In 2011, Evan Lieberman was one of those victims.
The 19-year-old college freshmen was a backseat passenger of his
friend's vehicle when it was involved in a head-on crash. The driver, it
was later discovered, was texting while driving. Evan's parents obtained
the driver's cellphone records through a civil suit filed against him.

While New York State has a distracted driving law that bans using a
handheld electronic mobile device while driving, there is no protocol
for law enforcement to determine whether a driver caused a crash because
he or she was using their phone. This makes it difficult for law
enforcement to enforce the law unless they see the driver actively using
a mobile device or they ask the driver and get a confession. With
NHTSA's estimate of 481,000 U.S. drivers using handheld phone at any
moment during the day, law enforcement officials need a better way to
enforce distracted driving laws.

This bill would authorize a two-year pilot program in Westchester County
to allow local police departments to field test electronic scanning
devices to determine whether 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 Article
33 of the vehicle and traffic law.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth (90) day after it shall have
become a law and shall expire and be deemed repealed two years after
such date.

2017-S8545 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8545
 
                             I N  S E N A T E
 
                                May 9, 2018
                                ___________
 
 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  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:
 
   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,
 THE COMMISSIONER SHALL AUTHORIZE A TWO YEAR PILOT PROGRAM TO ALLOW LOCAL
 POLICE  DEPARTMENTS  TO  FIELD TEST MOBILE TELEPHONES AND PORTABLE ELEC-
 TRONIC DEVICES. 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.
                                                            LBD15754-02-8

 S. 8545                             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 PROGRAM FOR THE COUNTY OF
 WESTCHESTER 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.

co-Sponsors

2017-S8545A (ACTIVE) - Details

See Assembly Version of this Bill:: A10914
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1225-e, V & T L
Versions Introduced in 2019-2020 Legislative Session:: A2247

2017-S8545A (ACTIVE) - Summary

2017-S8545A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8545A

SPONSOR: MURPHY
 
TITLE OF BILL:  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

 
PURPOSE:

For the counties of Westchester and Kings, the commissioner shall
authorize a two-year pilot program to allow local police departments to
field test mobile telephones and portable electronic devices. The
commissioner shall not require any police department to participate in
such program.

 
SUMMARY OF PROVISIONS:

Section One - The vehicle and traffic law is amended by adding a new
section 1225-e to create a non-mandatory opt-in two-year pilot program

in Westchester County and Kings County to allow police departments to
field text mobile telephones and portable electronic devices. Defi-
nitions are included for all scopes of the program and its purpose.
After the conclusion of the pilot program a report shall be made avail-
able regarding but not limited to the impact of the program on reducing
traffic accidents, number of phones tested, costs, efficiency and accu-
racy.

Section Two - Sets forth a 90-day effective date which shall be repealed
after two years.

 
JUSTIFICATION:

Distracted driving is deadly. Nearly 20,000 people were killed in cras-
hes involving distracted drivers from 2011 through 2016 (the most recent
year available), according to National Highway Traffic Safety Adminis-
tration (NHTSA) data. In 2011, Evan Lieberman was one of those victims.
The 19-year-old college freshman was a backseat passenger of his
friend's vehicle when it was involved in a head-on crash. The driver, it
was later discovered, was texting while driving. Evan's parents obtained
the driver's cellphone records through a civil suit filed against him.

While New York State has a distracted driving law that bans using a
handheld electronic mobile device while driving, there is no protocol
for law enforcement to determine whether a driver caused a crash because
he or she was using their phone. This makes it difficult for law
enforcement to enforce the law unless they see the driver actively using
a mobile device or they ask the driver and get a confession. With
NHTSA's estimate of 481,000 U.S. drivers using handheld phone at any
moment during the day, law enforcement officials need a better way to
enforce distracted driving laws.

This bill would authorize a two-year pilot program in Westchester and
Kings counties to allow local police departments to field test electron-
ic scanning devices to determine whether 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 Article 33 of the vehicle and traffic law.
 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth (90) day after it shall have
become a law and shall expire and be deemed repealed two years after
such date.

2017-S8545A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8545--A
 
                             I N  S E N A T E
 
                                May 9, 2018
                                ___________
 
 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,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15754-03-8

 S. 8545--A                          2
 
 OF ANY COMMUNICATION OR GAME CONDUCTED,  OR  IMAGE  OR  ELECTRONIC  DATA
 VIEWED, ON A MOBILE TELEPHONE OR PORTABLE ELECTRONIC DEVICE.
   (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.

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