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Bill

SB 376

Motor vehicle collisions; preservation and collection of certain mobile telephone data.

2026 Regular Session Introduced by Scott Surovell

Virginia bill requiring law enforcement to preserve and collect mobile phone data from vehicles involved in collisions for accident investigation and potential prosecution purposes.

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (12-Y 2-N 1-A)
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Bill Summary · SB 376

Legislative bill overview

SB 376 would require law enforcement to preserve and collect mobile telephone data from vehicles involved in motor vehicle collisions. The bill establishes protocols for data preservation from phones connected to vehicles' infotainment systems or in-vehicle communication systems during accident investigations.

Why is this important

Motor vehicle collisions often involve questions about driver distraction, communication, or actions immediately before impact. Access to phone data—such as active calls, texts, or app usage at time of collision—could provide objective evidence for accident reconstruction, liability determination, and prosecution of reckless driving cases. However, it raises significant privacy and data rights questions.

Potential points of contention

  • Privacy concerns: Collecting mobile phone data without explicit consent from all parties (drivers, passengers, or owners) implicates Fourth Amendment privacy rights and general privacy expectations in personal devices
  • Data scope and duration: Unclear what specific data would be collected (location history, contacts, app usage, etc.), how long it would be retained, and whether it applies only to the at-fault driver or all involved parties
  • Implementation costs: The bill was referred to Finance and Appropriations with fiscal impact analysis, suggesting concerns about training, equipment, and administrative burden on law enforcement agencies

Compiled from official sources — confirm details with the bill’s official record.

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