New York S 5074: Establishes the New York state civics corps program act

Bill Text

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S05074 Summary:

BILL NOS05074 

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SAME ASNo Same As

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SPONSORGRIFFO

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COSPNSRMURRAY

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MLTSPNSR

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Amd §§215, 503 & 511, add §1225-e, V & T L; amd §837, Exec L

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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.

Go to top S05074 Actions:

BILL NOS05074 

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02/18/2025REFERRED TO TRANSPORTATION

01/07/2026REFERRED TO TRANSPORTATION

Go to topS05074 Committee&nbspVotes:

Go to topS05074 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05074 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5074

 2025-2026 Regular Sessions

 IN SENATE

 February 18, 2025
 ___________

 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

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative intent. The legislature hereby finds that the
 2 use of mobile telephones and/or personal electronic devices has dras-
 3 tically increased the prevalence of distracted driving. This destructive
 4 behavior endangers the lives of every driver and passenger traveling on
 5 New York state roadways. In 2001, this legislature enacted legislation
 6 prohibiting the use of mobile telephones while driving, and in 2009
 7 updated the law to include all portable electronic devices. The execu-
 8 tive branch initiated a public campaign against cell phone use while
 9 driving, and has even established "text stops" along all major highways.
 10 While these efforts have brought much needed attention to the dangers of
 11 distracted driving, reports indicate that 67 percent of drivers admit to
 12 continued use of their cell phones while driving despite knowledge of
 13 the inherent danger to themselves and others on the road. A 10 year
 14 trend of declining collisions and casualties was reversed this year as
 15 crashes are up 14 percent, and fatalities increased 8 percent, suggest-
 16 ing that the problem has not only gotten worse, but is still greatly
 17 misunderstood.
 18 Furthermore, law enforcement has a difficult time enforcing these
 19 public safety laws, especially after an accident where it is impossible
 20 to discern whether the operator of a motor vehicle was in fact using
 21 their cell phone immediately prior to or at the time of the collision.
 22 Empowering our law enforcement with technology, which is able to imme-
 23 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.
 LBD08562-01-5

 S. 5074 2

 1 will allow enforcement of these laws after an accident while still
 2 protecting essential privacy rights. Therefore, the legislature finds
 3 that while technology has created this grave danger, it also has the
 4 capacity to aid law enforcement in tackling and eradicating distracted
 5 driving caused by mobile telephones and personal electronic devices.
 6 The legislature further finds that a driver's license is a privilege
 7 granted by the state, and maintaining such privilege requires continued
 8 compliance with established conditions enumerated in law. One such
 9 condition is implied consent, an accepted mechanism in combating driving
 10 while under the influence of alcohol. Studies have concluded that text-
 11 ing while driving impairs a driver to the level of .08 blood alcohol
 12 level. Therefore, it is in the state's interest to treat this impairment
 13 with a similar methodology to that of drunk driving. The state's
 14 invested interest in promoting public safety and preventing senseless
 15 loss of life justifies the creation of Evan's law.
 16 § 2. Short title. This act shall be known and may be cited as "Evan's
 17 law".