Bill > S05074

This bill, known as "Evan's Law", introduces a comprehensive approach to addressing distracted driving by creating a field testing mechanism for mobile telephones and portable electronic devices after motor vehicle accidents. The legislation establishes that drivers involved in accidents causing property damage, personal injury, or death must surrender their mobile devices to police for field testing if requested. The bill creates an "implied consent" framework similar to drunk driving laws, where operating a vehicle in the state means agreeing to potential device testing after an accident. Police departments can optionally participate in this field testing, which uses approved electronic scanning devices to determine if a device was in use around the time of an accident, without accessing the content of communications. If a driver refuses to surrender their device, they face license suspension and potential revocation, with civil penalties ranging from $500 to $750 depending on prior offenses. The bill also requires a public education campaign to inform drivers about these new regulations and includes provisions for obtaining court orders in cases involving serious injury or death. The underlying rationale is to combat the growing problem of distracted driving, with the legislation noting that 67% of drivers admit to using cell phones while driving despite known dangers, and recent data shows increasing accident and fatality rates potentially linked to device use.

Transportation and Infrastructure

https://www.nysenate.gov/legislation/bills/2025/S5074