Assembly Bill A553

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    553
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred 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 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
 HUNDRED  TWENTY-FIVE-C  OR TWELVE HUNDRED TWENTY-FIVE-D OF THIS ARTICLE,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01992-01-5
 A. 553                              2
 
 PROVIDED, HOWEVER, THAT SUCH USE OF AN ELECTRONIC SCANNING DEVICE  SHALL
 BE LIMITED TO A SEARCH OF LOG RECORDS THAT HAVE BEEN ACTIVATED BY TYPING
 OR  SWIPING  ACTIONS ON A MOBILE TELEPHONE OR ELECTRONIC PORTABLE DEVICE
 IN  THE  PRIOR  SIXTY  MINUTES  IN 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.  NO SUCH ELEC-
 TRONIC  SCAN  SHALL ACCESS, COLLECT OR STORE USER DATA OR 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) "LOG RECORDS" SHALL MEAN THE LOG RECORDS OF KEYBOARD USAGE, ACTIV-
 ITY  LOGS AND APPLICATIONS LOGS FOR MOBILE TELEPHONES AND PORTABLE ELEC-
 TRONIC DEVICES. FOR THE PURPOSES OF  THIS  SECTION,  LOG  RECORDS  SHALL
 INCLUDE  ONLY LOG RECORDS WHICH HAVE BEEN ACTIVATED BY TYPING OR SWIPING
 A MOBILE TELEPHONE OR PORTABLE ELECTRONIC DEVICE, AND SHALL NOT  INCLUDE
 ANY  LOG  RECORDS  THAT  WERE ACTIVATED BY BLUETOOTH OR VOICE ACTIVATION
 TECHNOLOGY.
   (C) "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.
   (D)  "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.
   (E)  "USER  DATA"  SHALL  MEAN  TEXT MESSAGES, CONTACTS, CALL HISTORY,
 PICTURES, VIDEOS, FILES, CONTENTS OF  DATABASES,  CONTENTS  OF  APPLICA-
 TIONS, NAMES OF APPLICATIONS OR DELETED DATA.
   (F) "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 SUCH
 PERSON'S 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, SUBMIT SUCH PERSON'S 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 THEIR 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  CONSTITUTE  EVIDENCE
 OF ANY SUCH VIOLATION.
   (B)  THE DEPARTMENT, WESTCHESTER COUNTY AND ANY POLICE DEPARTMENTS AND
 THEIR RESPECTIVE AGENTS PARTICIPATING IN THE PILOT PROGRAM AUTHORIZED BY
 THIS SECTION MAY STORE LOG RECORDS COLLECTED DURING ELECTRONIC SCANS AND
 USE SUCH LOG RECORDS ONLY TO DETERMINE THE ACCURACY OF FIELD TESTING AND
 THE PREVALENCE OF VIOLATIONS OF SECTION TWELVE HUNDRED TWENTY-FIVE-C  OR
 TWELVE  HUNDRED  TWENTY-FIVE-D  OF  THIS  ARTICLE.  NO  USER DATA MAY BE
 COLLECTED OR STORED BY THE DEPARTMENT, WESTCHESTER COUNTY OR ANY  POLICE
 DEPARTMENTS  OR  THEIR  RESPECTIVE  AGENTS  PARTICIPATING  IN  THE PILOT
 PROGRAM AUTHORIZED BY THIS SECTION.
 A. 553                              3
 
   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.