What's happening
This bill creates a two-year pilot program in Westchester County allowing police to field test drivers' mobile devices after accidents to check for illegal use.
Why it matters
Privacy and Data Protection. The bill sets strict boundaries on what police can access during a device scan—only the log records of typing or swiping actions in the previous 60 minutes are checked, and no user data (like messages, contacts, photos, or app content) may be accessed, collected, or stored. This seeks to balance investigative needs with the protection of personal privacy.
Evidence and Enforcement. If the scan shows illegal device use at or near the time of an accident, the results can be used as evidence for violating hands-free and distracted driving laws. This could strengthen enforcement and potentially deter illegal mobile device use while driving.
Voluntary Participation and Oversight. Police departments in Westchester County are not required to participate, and the program’s rules and scanning technology must be approved by both state and local authorities. This provides local control and oversight within the pilot’s scope.
Evaluation and Potential Expansion. The pilot requires a formal report at its conclusion, analyzing impacts on traffic safety, costs, efficiency, and accuracy of the technology. The findings will inform lawmakers on whether such a program should continue, expand, or change, influencing future statewide policy on distracted driving enforcement.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Test Phones After Accidents
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to transportation
- Print number 2687a
- Amend and recommit to finance
- Reported and committed to finance
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Test Phones After Accidents
In Assembly Committee · Transportation · Sponsor Amy Paulin
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2687--A
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sens. MAYER, BIAGGI, CARLUCCI, HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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
The People of the State of New York, represented in Senate and Assembly, 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 county 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 portable 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06126-07-9
S. 2687--A 2
phone or a portable electronic device in violation of section twelve hundred twenty-five-c or twelve hundred twenty-five-d of this article, 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 electronic 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, activity logs and applications logs for mobile telephones and portable electronic 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 applications, 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 article; 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, submit 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 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
S. 2687--A 3
departments or their respective agents participating in the pilot program authorized by this section.
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 governor, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 test 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
Despite New York banning the use of hand held devices while driving there is no effective protocol to determine whether the behavior caused a crash. Currently, law enforcement relies on an eyewitness or an unlikely confession.
Phone records provide an insufficient portion of information that excludes, for example, emails, social media, selfies, games, iMessages and Apps. All of those popular functions are bundled under data and are therefore inseparable. Phone records are also difficult to obtain.
Imagine determining drunk driving without a portable-breath-test and having to rely on a driver's own admission to his or her impairment. Yet, this is the current status of distracted driving enforcement.
National High Traffic Safety Administration reported that "texting and driving" is five times more dangerous than drunk driving. AAA has reported that 67% of drivers admit to the behavior. NHTSA further esti- mates that 481,000 U.S. drivers are using a hand held device at any moment during the day. The above combination is a toxic mix and common sense dictates the numbers of crashes reported should be extremely high. Yet in one recent year, New York DMV reported that out of 258,000 crash- es--texting was only cited in a mere 64 motorists.
As a result of this lack of protocol, distracted driving statistics are drastically underreported; catastrophically preventing government from measuring the problem and implementing needed deterrents. This bill would authorize a two-year pilot program in Westchester County to allow police departments to field test electronic scanning devices. Regarding legal voice activation / bluetooth, the technology would only detect illegal typing and swiping, without accessing personal content. This field test will be used to determine whether the operator of a motor vehicle was using a mobile telephone or 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.