Authorizes police officers to arrest a driver of a motor vehicle in certain circumstances.
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 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 the 90th after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 872--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- recom- mitted 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 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. LBD03118-02-2