senate Bill S5392

2019-2020 Legislative Session

Relates to providing 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 Committee Transportation Committee

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to transportation
Apr 29, 2019 referred to transportation

S5392 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§215, 503 & 511, add §1225-e, V & T L; amd §837, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6325, A8613
2017-2018: S2306, A3955
2021-2022: S4259
2023-2024: S4023

S5392 (ACTIVE) - Summary

Provides for the field testing for use of mobile telephones and portable electronic devices while driving after an accident or collision; allows police departments the option to participate in such field testing.

S5392 (ACTIVE) - Sponsor Memo

S5392 (ACTIVE) - Bill Text download pdf

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


                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 29, 2019

Introduced  by  Sen.  GRIFFO -- 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 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


  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
  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
                      [ ] is old law to be omitted.


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