Authorizes police officers to arrest a driver of a motor vehicle in certain circumstances when the officer has reasonable cause to believe that such person has failed to use due care in the operation of a motor vehicle.

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S6416-2011 Actions

• Mar 23, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 23, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Feb 7, 2012: REFERRED TO TRANSPORTATION

S6416-2011 Memo

BILL NUMBER:S6416

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
without a warrant in certain circumstances when the officer has
reasonable cause to believe that such person has failed to use due
care in the operation of a motor vehicle

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 Hayley 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 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 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:
This is a new bill.

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S6416-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6416

                              I N  SENATE

                              February 7, 2012
                                 ___________

  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 without a
    warrant in certain circumstances when the officer has reasonable cause
    to believe that such person has failed to use due care in  the  opera-
    tion of a motor vehicle

    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 immediately.






   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14324-01-2