Senate Bill S304

2021-2022 Legislative Session

Establishes a pilot program for the field testing of mobile phones and portable devices for the county of Westchester

download bill text pdf

Sponsored By

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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2021-S304 (ACTIVE) - Details

See Assembly Version of this Bill:
A1093
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §1225-e, V & T L
Versions Introduced in Other Legislative Sessions:
2019-2020: S2687, A7267
2023-2024: S2296, A1173

2021-S304 (ACTIVE) - Summary

Establishes optional pilot programs for the county of Westchester, 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.

2021-S304 (ACTIVE) - Sponsor Memo

2021-S304 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    304
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  MAYER, BIAGGI, HARCKHAM -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation
 
 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 FOR SUCH COUN-
 TY TO ALLOW LOCAL POLICE DEPARTMENTS TO FIELD TEST MOBILE TELEPHONES AND
 PORTABLE ELECTRONIC DEVICES FOLLOWING AN ACCIDENT OR COLLISION INVOLVING
 DAMAGE TO REAL OR PERSONAL PROPERTY, PERSONAL  INJURY  OR  DEATH.    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:
   (1) APPROVED AND UTILIZED IN ACCORDANCE WITH RULES JOINTLY PROMULGATED
 BY THE COMMISSIONER AND THE COMMISSIONER OF CRIMINAL JUSTICE SERVICES;
   (2) APPROVED AND CERTIFIED FOR USE BY WESTCHESTER COUNTY;
   (3) USED ONLY TO SCAN THE LOG RECORDS ON THE MOBILE TELEPHONE OR PORT-
 ABLE ELECTRONIC DEVICE OF THE OPERATOR OF THE MOTOR VEHICLE TO DETERMINE
 WHETHER  OR NOT THE OPERATOR OF A MOTOR VEHICLE WAS USING A MOBILE TELE-
 PHONE OR A PORTABLE ELECTRONIC DEVICE IN  VIOLATION  OF  SECTION  TWELVE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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