Bill S3644A-2013

Authorizes police officers to arrest a driver of a motor vehicle in certain circumstances without a warrant

Authorizes police officers to arrest a driver of a motor vehicle in certain circumstances without a warrant.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • May 21, 2013: referred to transportation
  • May 21, 2013: DELIVERED TO ASSEMBLY
  • May 21, 2013: PASSED SENATE
  • 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

Votes

Memo

BILL NUMBER:S3644A

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 traffic 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, establish a traffic infraction for drivers who injure a pedestrian or bicyclist due to a failure to exercise due care in operating a motor vehicle. VTL 1146 has seen limited enforcement in Dart 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 officers 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 reasonable 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3644--A Cal. No. 249 2013-2014 Regular Sessions IN SENATE February 7, 2013 ___________
Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. Subdivisions (a), (b) and (c) of section 1146 of the vehi- cle and traffic law, as amended by chapter 333 of the laws of 2010, are amended to read as follows: (a) Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian, INCLUDING ANY HIGHWAY WORKER, or domes- tic animal upon any roadway and shall give warning by sounding the horn when necessary. For the purposes of this section, the term "HIGHWAY WORKER" SHALL MEAN ANY PERSON ENGAGED IN WORK ON A HIGHWAY WHO IS WORK- ING ON BEHALF OF THE UNITED STATES, THIS STATE, OR ANY COUNTY, CITY, TOWN, DISTRICT OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE; AND THE TERM "domestic animal" shall mean domesticated sheep, cattle, and goats which are under the supervision and control of a pedestrian. (b) 1. A driver of a motor vehicle who causes physical injury as defined in article ten of the penal law to a pedestrian, INCLUDING ANY HIGHWAY WORKER or bicyclist while failing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traf- fic infraction punishable by a fine of not more than five hundred dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment.
2. If such driver of a motor vehicle causes physical injury while failing to exercise due care in violation of subdivision (a) of this section, then there shall be a rebuttable presumption that, as a result of such failure to exercise due care, such person operated the motor vehicle in a manner that caused such physical injury. (c) 1. A driver of a motor vehicle who causes serious physical injury as defined in article ten of the penal law to a pedestrian, INCLUDING ANY HIGHWAY WORKER or bicyclist while failing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traf- fic infraction punishable by a fine of not more than seven hundred fifty dollars or by imprisonment for not more than fifteen days or by required participation in a motor vehicle accident prevention course pursuant to paragraph (e-1) of subdivision two of section 65.10 of the penal law or by any combination of such fine, imprisonment or course, and by suspen- sion of a license or registration pursuant to subparagraph (xiv) or (xv) of paragraph b of subdivision two of section five hundred ten of this chapter. 2. If such driver of a motor vehicle causes serious physical injury while failing to exercise due care in violation of subdivision (a) of this section, then there shall be a rebuttable presumption that, as a result of such failure to exercise due care, such person operated the motor vehicle in a manner that caused such serious physical injury. S 2. 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 3. This act shall take effect on the ninetieth day after it shall have become a law.

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