S3644-2013 Actions

• Mar 25, 2013: AMENDED ON THIRD READING 3644A
• Mar 21, 2013: ADVANCED TO THIRD READING
• Mar 20, 2013: 2ND REPORT CAL.
• Mar 19, 2013: 1ST REPORT CAL.249
• Feb 7, 2013: REFERRED TO TRANSPORTATION

S3644-2013 Meetings

S3644-2013 Calendars

S3644-2013 Votes

S3644-2013 Memo

BILL NUMBER:S3644

TITLE OF BILL:  An act to amend the vehicle and traffic law, in relation
to authorizing police officers to arrest a driver of a motor vehicle in
certain circumstances

PURPOSE:  This bill allows police officers to arrest a driver of a motor
vehicle in certain circumstances without a warrant.

SUMMARY OF PROVISIONS:

Section 1146, Article 26 of the Vehicle and Traffic Law is amended to
add a new subdivision (f). A police officer may arrest, without a
warrant, a driver whom the officer has reasonable cause to believe
violated subdivision (b) or (c) of Section 1146, which allow for a traf-
fic infraction punishable by fines not to exceed five hundred dollars or
seven hundred fifty dollars, depending on the severity of injury caused,
or imprisonment not to exceed fifteen days, or required participation in
a motor vehicle accident prevention course, or a combination of any of
these punishments when a driver has caused physical injury or serious
physical injury to a pedestrian or bicyclist due to failure to exercise
due care in the operation of a motor vehicle.

JUSTIFICATION:  The 2010 amendments to Section 1146, Article 26 of the
Vehicle and Traffic Law, commonly called Bayley and Diego's Law, estab-
lish a traffic infraction for drivers who injure a pedestrian or bicy-
clist due to a failure to exercise due care in operating a motor vehi-
cle.  VTL 1146 has seen limited enforcement in part because police
officers may only issue a VTL 1146 when such accident occurs in the
police officer's presence. This addition to VTL 1146 allows police offi-
cers to issue a VTL 1146 violation even if the accident did not take
place in the presence of the police officer if the officer has reason-
able cause to believe that the violation was committed by such person.

LEGISLATIVE HISTORY:  2012: Referred to Transportation

FISCAL IMPACT ON THE STATE: None.

EFFECTIVE DATE:  This act shall take effect the 90th after it shall have
become law.

S3644-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3644
 2013-2014 Regular Sessions
 I N  SENATE
 February 7, 2013
 
 Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation
 

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
 police  officers  to  arrest  a  driver  of a motor vehicle in certain
 circumstances
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section 1146 of the vehicle and traffic law is amended by
 adding a new subdivision (f) to read as follows:

 (F) NOTWITHSTANDING THE PROVISIONS OF SECTION 140.10 OF  THE  CRIMINAL
 PROCEDURE LAW, A POLICE OFFICER MAY, WITHOUT A WARRANT, ARREST A PERSON,
 IN  CASE  OF  A  VIOLATION OF SUBDIVISION (B) OR (C) OF THIS SECTION, IF
 SUCH VIOLATION IS COUPLED WITH AN ACCIDENT OR COLLISION  IN  WHICH  SUCH
 PERSON  IS INVOLVED, WHICH IN FACT HAS BEEN COMMITTED, THOUGH NOT IN THE
 POLICE OFFICER'S PRESENCE, WHEN THE  OFFICER  HAS  REASONABLE  CAUSE  TO
 BELIEVE THAT THE VIOLATION WAS COMMITTED BY SUCH PERSON.
 

S  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00305-02-3

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