A law being discussed in the state Senate and Assembly needs a little more work before becoming law.

Lawmakers are debating a law proposed by Sen. Terrence Murphy and Assemblyman Felix Ortiz that wold give police permission to search any phone or portable device at the scene of an automobile accident. Police could then use software developed by an Israeli company that can analyze the phone and determine if the phone was being used at the time of the accident.

But we hope lawmakers are careful before passing the bill proposed by Murphy and Ortiz. It is troubling that anyone who refuses a search will lose their driver’s license even if they are found not to be at fault in the accident while non-New York residents could lose their ability to drive in New York state if they refuse a search. What happens if the software detects phone usage, but that phone usage was by a passenger in a vehicle and not the driver? Should the law be passed without proper field testing of the software? Are we sure the software can’t be hacked and are we sure police databases won’t end up filled with information they have no business obtaining? All of these questions should be answered before a bill is passed.

Let us be clear. Texting and driving is a problem. No one should be using a cell phone while they drive. Lawmakers should have no problem approving funding for targeted enforcement efforts or even increasing fines associated with using a cell phone while driving. This bill, as written, cedes an awful lot of power from the individual. We should tread lightly.