Bill Text: NY S08467 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires the police or district attorney to request the cell phone records of drivers involved in car accidents that result in a fatality or serious physical injury.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-08 - REFERRED TO TRANSPORTATION [S08467 Detail]

Download: New_York-2017-S08467-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8467
                    IN SENATE
                                       May 8, 2018
                                       ___________
        Introduced  by  Sen.  MURPHY -- 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, in relation  to  requesting
          the cell phone records of drivers involved in car accidents
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 603-c to read as follows:
     3    §  603-c. Accidents; police or district attorney request of cell phone
     4  records. 1. In addition to the requirements of section six hundred three
     5  of this article, whenever a motor vehicle accident results in a  serious
     6  physical  injury  or  death  to  a  person,  and such accident either is
     7  discovered by a police officer, or reported to a police  officer  within
     8  five  days  after  such  accident  occurred,  the police or the district
     9  attorney of the county where the accident  occurred  shall  request  the
    10  cell phone records of all drivers involved with such accident.
    11    2.  The purpose of requesting cell phone records as required by subdi-
    12  vision one of this section shall be to assist  with  any  investigations
    13  made  pursuant  to  section  six hundred three or six hundred three-a of
    14  this article. Such records shall indicate the cell phone usage  of  each
    15  driver at the time of the accident.
    16    3.  For  purposes  of this section, the following terms shall have the
    17  following meanings:
    18    (a) "serious physical injury" shall have the same meaning as such term
    19  is defined in section 10.00 of the penal law; and
    20    (b) "cell phone usage" shall mean holding a cell phone while  viewing,
    21  taking  or  transmitting  images,  playing games, or, for the purpose of
    22  present or future communication:   performing a command  or  request  to
    23  access  a  world  wide  web  page, composing, sending, reading, viewing,
    24  accessing, browsing, transmitting, saving  or  retrieving  e-mail,  text
    25  messages, instant messages, or other electronic data.
    26    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15740-01-8