HARRISBURG — With a portrait photograph of her late son positioned near her side, Eileen Miller took a deep breath inside the Governor’s Reception Room at the State Capitol before sharing words of relief: “Finally, after 12 years, we did it.”
What she and others accomplished is the adoption of stricter standards against distracted driving Miller hopes will save families like her own from having to grieve the loss of a loved one because of a fatal traffic accident caused by a driver using a cell phone.
Paul Miller’s Law becomes Act 18 of 2024. It’s named after Paul Miller Jr., a 21-year-old Scranton man killed by a distracted driver in 2010 in Monroe County.
His death motivated Eileen Miller to push for change. During remarks at a ceremonial bill signing Wednesday, she said she made the promise to her son at the morgue when she went to identify his body.
“I whispered in his ear that when I found out what caused that crash that I would fight for change. We later found out that it was distracted driving. I held that honor to him and today (we have) Paul Miller’s Law. I got it done, Paul, I did it,” Eileen Miller said in an emotionally charged moment.
Sen. Rosemary Brown, R-Lackawanna/Monroe/Wayne, introduced the measure in April 2023 as Senate Bill 37. It was amended before clearing the Senate last June, moved to the House and was amended again before passing in April. It returned to the Senate for concurrence on the amendments. On Wednesday, it gained Shapiro’s signature, moving it into law.
But the route to the bill becoming law was more circuitous. Eileen Miller began pressing legislators 12 years ago, she said. Brown said the same, adding that the end result came through multiple meetings with stakeholders and lobbying for support.
“Never did I realize that getting the cell phone out of the hands of a driver would be so difficult in the legislative process,” Brown said.
“I knew it was right and I knew it was absolutely needed to do our best to change the behavior of drivers behind the wheel while holding a cell phone,” she said. “And, I knew Eileen would never let me walk away. Never.”
Paul Miller’s Law builds on existing statute that bans texting while driving. The new law authorizes traffic stops for similar actions on handheld mobile devices including sending an email, posting to social media, snapping a photo and recording a video. The use of hands-free functions, however, remains permissible.
There’s a data collection aspect to the bill requiring state and municipal police to collect certain demographic data from self-initiated traffic stops. The data is to be included in an annual report with lawmakers which will be publicly accessible. This portion was a priority for members of the Pennsylvania Legislative Black Caucus to help prevent the enforcement from being abused against minorities.
“This law is a shining example of responsible legislation. It will both improve public safety and enhance transparency,” Rep. Napoleon Nelson, D-Montgomery, said.
Data collection will begin 18 months after the law is formalized. Fines won’t begin for 12 months. Everything else including enforcement carrying a warning will begin once the bill formally becomes law.
Lawmakers built in a 12-month cushion where violators will only receive warnings, but they can still be cited for the prior law against texting while driving. Once the enforcement begins, motorists can’t be cited for both violations. Fines for the new summary violation are $50.
More serious penalties including a potential prison term would come should distracted driving lead to a conviction of aggravated assault by vehicle and a sentence enhancement if such accidents lead to a fatality in a work zone.
There are exceptions in the bill that will allow the continued use of mobile devices for navigation guidance and emergency notifications. Devices used by emergency responders or commercial drivers while on the job are also exempted. If someone’s in the midst of an emergency and is texting while driving to communicate with authorities, that’s permissible.
Shapiro used the measure to underscore the bipartisanship needed to get a bill into law. The timing of the remarks wasn’t lost on the crowd who recognized the comments hinting at what will be required if Pennsylvania’s next budget is to be adopted by the June 30 deadline.
“One thing that is certain in this building with a divided government is that no one’s ever going to get everything they want,” Shapiro said, referencing the Republican majority in the Senate and Democratic majority in the House. “Compromise is how we make progress for the good people of Pennsylvania. Compromise is how we make our roadways safer. Compromise is how we hear the pleas of a mom that will ultimately save the lives of other children across this commonwealth.”