senate Bill S3644A

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

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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

  • 07 / Feb / 2013
    • REFERRED TO TRANSPORTATION
  • 19 / Mar / 2013
    • 1ST REPORT CAL.249
  • 20 / Mar / 2013
    • 2ND REPORT CAL.
  • 21 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 25 / Mar / 2013
    • AMENDED ON THIRD READING 3644A
  • 21 / May / 2013
    • PASSED SENATE
  • 21 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / May / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 17 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1432
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO TRANSPORTATION

Summary

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

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Bill Details

See Assembly Version of this Bill:
A2012A
Versions:
S3644
S3644A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1146, V & T L
Versions Introduced in 2011-2012 Legislative Cycle:
A9219A, A9219A

Sponsor 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.

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

                                 3644--A
    Cal. No. 249

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00305-06-3

S. 3644--A                          2

  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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