Scrolling while driving will soon be a reason for Pennsylvania police to stop distracted drivers • Pennsylvania Capital-Star

Under legislation passed by the state Senate earlier this month and the House of Representatives on Wednesday, police officers would have the authority to stop and ticket motorists driving with a portable electronic device.

A spokesman for Gov. Josh Shapiro told the Capital-Star Thursday that he intends to sign the bill.

While Pennsylvania banned texting and driving in 2012, the law did not take into account the variety of other uses for smartphones and similar devices. The new law would ban all use of portable interactive wireless communication devices such as smartphones or portable computers.

“We need to make sure we’re not just trying to prevent texting,” said Rep. Steven Malagari (D-Montgomery) when the bill was considered in the state House of Representatives in April.

“We are trying to prevent people from watching films while driving. We try to prevent them from scrolling Facebook while driving. We’re trying to prevent them from checking their email or responding to anything else that’s on their smartphone,” Malagari said.

The bill was passed with amendments House And senate with bipartisan but not unanimous support, as some lawmakers questioned whether such a law could be effectively or fairly enforced. The legislation was also marked by concerns that it could increase racial inequality in policing by creating another reason for police to initiate traffic stops.

If Shapiro signs the bill, handheld device use would be a primary offense, meaning police would not be required to detect another traffic violation, such as speeding, to charge motorists with the violation. A conviction under the new law would result in a $50 fine. The law would take effect one year after it was signed and police would only be required to issue warnings the first year it takes effect, meaning it would be two years before the first tickets could be issued.

Sen. Rosemary Brown (R-Monroe), the lead sponsor of Senate Bill 37, supported the measure in response to a fatal accident in her district that killed a 21-year-old Scranton man in 2010. Paul Miller Jr. was killed by the driver of a tractor-trailer who ran into oncoming traffic.

“Without the advocacy of Paul and Eileen Miller, parents of Paul Miller Jr., it would not have been possible to get this bill to the finish line… They have been with me every step of the way,” Brown said in a statement Thursday. She also thanks other MPs for their support in the decades-long effort.

Rep. Carl Metzgar (R-Somerset) said during the House debate that Pennsylvania’s reckless and reckless driving laws already provide the ability to prosecute people for using devices while behind the wheel.

“Our job as legislators is to enact laws that apply to all types of behavior, not to specific behaviors, particularly when it comes to technology,” Metzgar said, adding that the law creates problems for law enforcement, “Because it is very difficult to determine what you are doing on this phone.”

The American Civil Liberties Association of Pennsylvania, which sued the Pennsylvania State Police in 2019 over alleged racial profiling, opposed the law.

“The elements of this crime would be nearly impossible to prove, and therefore it is difficult to believe that violations of this crime should result in convictions,” the ACLU-PA said in a statement opinion. “The only discernible function of SB 37 is a thinly veiled attempt to expand the authority of law enforcement to conduct and justify sham traffic stops.”

SB 37 was amended March 19 in the House Transportation Committee to require state and local police to report data on the reasons for traffic stops; the perceived race, ethnicity, gender and age of drivers; and information about vehicle searches, including whether the search was consensual; and whether a subpoena was issued as a result of the stop or search.

Ed Neilson (D-Philadelphia), chairman of the House Transportation Committee, who introduced it the changesaid the language was negotiated between the sponsors, the Pennsylvania Legislative Black Caucus, the state police, the Fraternal Order of Police and the Pennsylvania Department of Transportation.

“When everyone left the room, I have to say no one was smiling,” Neilson said. “I tell people that all the time because it’s an important part of this legislation. If one person is truly happy with any part of this legislation, that means someone is hurting.”

The ACLU noted that while more data on traffic stops is urgently needed, adding the data reporting requirement would be “a dire twist” because the underlying bill would lead to an increase in police stops, “particularly those targeting Black and brown people.” “. Drivers in Pennsylvania.”