Bill > SB1012

This bill introduces new requirements for collecting and preserving mobile telephone data in motor vehicle collision investigations and potential legal proceedings. The legislation mandates that law enforcement officers collecting collision reports must now include the mobile telephone number, mobile telephone provider, and International Mobile Equipment Identity (IMEI) number for each driver involved in a collision. The bill allows attorneys representing injured persons to request that mobile telephone providers preserve specific communication and location data for up to three years following a collision, including call logs, text messages, internet browsing history, and real-time communication records. Additionally, the bill creates a legal framework for requesting and preserving telematics data from insurance carriers and establishes a rebuttable presumption of evidence spoliation if a driver fails to provide requested mobile telephone information. If a driver refuses to preserve or provide mobile telephone data when requested by an attorney, the court may take adverse actions such as instructing the jury to assume the withheld evidence was unfavorable to that party or potentially dismissing the driver's legal claims. The legislation aims to enhance transparency and evidence collection in motor vehicle collision investigations by leveraging modern mobile and telematics technology.