senate Bill S872A

Authorizes police officers to arrest a driver of a motor vehicle in certain circumstances

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION
  • 31 / May / 2012
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 31 / May / 2012
    • PRINT NUMBER 872A
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1098
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Authorizes police officers to arrest a driver of a motor vehicle in certain circumstances.

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Bill Details

Versions:
S872
S872A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1146, V & T L
Versions Introduced in 2009-2010 Legislative Cycle:
S5388A

Votes

16
0
16
Aye
0
Nay
2
aye with reservations
0
absent
1
excused
0
abstained
show Transportation committee vote details

Sponsor Memo

BILL NUMBER:S872A

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.

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

                                 872--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (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

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