S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2247
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05883-01-9

 A. 2247                             2
 
 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.
   (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.