LOS ANGELES (CBSLA.com) — Forty-six states have banned texting while driving, which is exceedingly difficult to prove without a confession or eyewitness.

But that could change in New York as lawmakers in the State Senate have approved a bill that would allow police to field test for mobile phone use after an accident, using the ‘textalyzer‘ developed by Cellebrite.

When connected to a phone, the device can tell whether someone has been texting or swiping while behind the wheel. “And if that is the time of the accident, that’s not good for you,” said Jim Grady, CEO of Cellebrite, which helps police analyze phones in criminal cases.

Grady said it won’t give anyone access to private information.

Rashida Richardson and the New York Civil Liberties Union believe the law is being rushed.

“They say that it will just scan to see if it was in use, but there’s many ways that scan can actually collect private information.”

If the bill passes, it would let police immediately access drivers’ mobile phones at the scenes of car crashes.

If a driver refuses, his or her license could be suspended.