Bill S5292C-2009

Relates to the requirement of exercising due care in the operation of a motor vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal

Relates to the requirement of exercising due care in the operation of a motor vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal; provides penalties for causing physical injury by failing to exercise due care.

Details

Actions

  • Jun 16, 2010: SUBSTITUTED BY A7917D
  • Jun 15, 2010: ADVANCED TO THIRD READING
  • Jun 14, 2010: 2ND REPORT CAL.
  • Jun 10, 2010: 1ST REPORT CAL.948
  • Jun 8, 2010: REPORTED AND COMMITTED TO CODES
  • Jun 3, 2010: PRINT NUMBER 5292C
  • Jun 3, 2010: AMEND AND RECOMMIT TO TRANSPORTATION
  • May 13, 2010: PRINT NUMBER 5292B
  • May 13, 2010: AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • Jan 6, 2010: REFERRED TO TRANSPORTATION
  • May 5, 2009: PRINT NUMBER 5292A
  • May 5, 2009: AMEND AND RECOMMIT TO TRANSPORTATION
  • Apr 27, 2009: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jun 8, 2010
Ayes (10): Dilan, Stavisky, Savino, Perkins, Addabbo, Squadron, Valesky, Aubertine, Foley, Libous
Ayes W/R (7): Fuschillo, Nozzolio, Robach, Larkin, Lanza, Young, Volker
Nays (1): Diaz
Excused (1): Johnson O
VOTE: COMMITTEE VOTE: - Codes - Jun 10, 2010
Ayes (11): Schneiderman, Breslin, Duane, Parker, Huntley, Sampson, Klein, Perkins, Squadron, Volker, DeFrancisco
Ayes W/R (2): Saland, Bonacic
Nays (3): Golden, Lanza, Flanagan

Memo

BILL NUMBER:S5292C

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the requirement of exercising due care in the operation of a motor vehicle

PURPOSE: To penalize vehicle operators who injure others when failing to exercise due care while operating a motor vehicle.

SUMMARY OF PROVISIONS: Section 1 of the bill dedicates this legislation to Hayley Ng and Diego Martinez.

Section 2 of the bill amends section 1146 of the vehicle and traffic law by:

* Designating the current provisions of section 1146 as paragraph (a);

* Adding a new paragraph (b) establishing that a driver who causes physical injury to a pedestrian or bicyclist while failing to exercise due care shall be guilty of a traffic infraction and subject to enumerated penalties;

* Adding a new paragraph (c) establishing that a driver who causes serious physical injury to a pedestrian or bicyclist while failing to exercise due care shall be guilty of a traffic infraction and subject to enumerated penalties;

* Adding a new paragraph (d) that designates a second offense as a class B misdemeanor;

* Adding a new paragraph (e) permitting the courts to impose other penalties.

Section 3 of the bill sets forth the effective date.

JUSTIFICATION: This legislation has been introduced in part in response to the untimely, tragic deaths of Hayley Ng and Diego Martinez, two children who were killed in New York city in January 2009 when a delivery van, which had been left in gear while the driver stepped out of the vehicle, hopped the curb and hit the children. The driver in question was not charged with any infraction resulting from the deaths of the children.

Pedestrians and cyclists who travel on New York State's public roads are at particular risk of injury or death from collision. In 2007, a total of 322 public road users were killed and 20,845 were injured on New York roads. While this group was involved in only 6 percent of total crashes in the state, they accounted for 24 percent of all

crash fatalities. Children and seniors account for a disproportionate number of deaths and injuries. In New York City, motor vehicles remain the leading cause of accidental child death and, on average, 85 percent of these children are pedestrians. Seniors are more prone to fatality if involved in a crash than the general population. In New York City, people aged 65 years and older make up about 12 percent of the population, yet comprised 39 percent of the city's pedestrian fatalities from 2002 through 2006. (New York City is highlighted because almost half of these injuries and fatalities occur within the five boroughs.)

At present in New York State vehicular homicide charges, such as criminally negligent homicide, are rarely pursued. This legislation addresses this by providing district attorneys with an additional option that maybe appropriate in certain cases. The states of Oregon and Illinois have recently established approaches similar to the one taken in this bill in their vehicle codes.

LEGISLATIVE HISTORY: This is a new bill in the Assembly.

FISCAL IMPACT ON THE STATE: Minimal.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5292--C 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________
Introduced by Sens. SQUADRON, HASSELL-THOMPSON, KLEIN, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to the require- ment of exercising due care in the operation of a motor vehicle THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Hayley Ng and Diego Martinez law." S 2. Section 1146 of the vehicle and traffic law, as amended by chap- ter 559 of the laws of 1988, is amended to read as follows: S 1146. Drivers to exercise due care. (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, pedestri- an, or domestic animal upon any roadway and shall give warning by sound- ing the horn when necessary. For the purposes of this section, 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 OR BICYCLIST WHILE FAILING TO EXERCISE DUE CARE IN VIOLATION OF SUBDIVISION (A) OF THIS SECTION, SHALL BE GUILTY OF A TRAFFIC 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 OR BICYCLIST WHILE FAILING TO EXERCISE DUE CARE IN VIOLATION OF SUBDIVISION (A) OF THIS SECTION, SHALL BE GUILTY OF A TRAFFIC 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 VEHI- CLE ACCIDENT PREVENTION COURSE PURSUANT TO PARAGRAPH (E-1) OF SUBDIVI- SION TWO OF SECTION 65.10 OF THE PENAL LAW OR BY ANY COMBINATION OF SUCH FINE, IMPRISONMENT OR COURSE, AND BY SUSPENSION OF A LICENSE OR REGIS- TRATION PURSUANT TO SUBPARAGRAPH (XIV) OR (XV) OF PARAGRAPH B OF SUBDI- VISION 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. (D) A VIOLATION OF SUBDIVISION (B) OR (C) OF THIS SECTION COMMITTED BY A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF ANY VIOLATION OF SUCH SUBDIVISIONS WITHIN THE PRECEDING FIVE YEARS, SHALL CONSTITUTE A CLASS B MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. (E) NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE COURT FROM IMPOSING ANY OTHER AUTHORIZED DISPOSITION, INCLUDING A PERIOD OF COMMU- NITY SERVICE. S 3. This act shall take effect on the sixtieth day after it shall have become a law.

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