Proposed Bill Would Allow New York Police to Scan Drivers’ Phones

New York Governor Andrew Cuomo announces a new bill with tougher penalties for texting while driving at a press conference at the Javits convention center on May 31, 2013 in New York City. (John Moore/Getty Images)

A New York state bill could make texting and driving as bad as drinking and driving. 

State Senate Bill S6325A—also known as “Evan’s Law”—was submitted on Jan. 6. 

Introduced by Senator Terrence Murphy, the bill proposes that using one’s phone while driving should be treated the same as drinking and driving. Should it pass, New York law enforcement would be allowed to scan an individual’s mobile phone or portable device on the spot.  

Refusal to submit one's phone for testing would be treated as if one refused to take a breathalyzer.

If officers believed an individual was using their electronic device while driving—especially prior to a crash—officers would be allowed to field-test the driver’s device to see if it was used recently.

Refusal to submit one’s phone for testing would be treated as if one refused to take a breathalyzer—the driver’s operating license would be “immediately suspended and subsequently revoked.” 

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• ‘Impossible’ Texting and Driving Test

While the scanning device would simply determine if your phone had been used recently and would not actually be able to view any personal content, privacy remains a concern.