NY State Senate Bill 2009-S5292

Senate Bill S5292

Signed By Governor

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status Via A7917 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2010	signed chap.333
Aug 03, 2010	delivered to governor
Jun 17, 2010	returned to assembly passed senate
Jun 16, 2010	3rd reading cal.948 substituted for s5292c
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 08, 2010	reported and committed to codes
Jun 03, 2010	print number 5292c
Jun 03, 2010	amend and recommit to transportation
May 13, 2010	print number 5292b
May 13, 2010	amend (t) and recommit to transportation
Jan 06, 2010	referred to transportation
May 05, 2009	print number 5292a
May 05, 2009	amend and recommit to transportation
Apr 27, 2009	referred to transportation

Votes

- Jun 17, 2010 - Floor Vote
  A7917
  
  38
  
  Aye
  
  23
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2010
      
      aye (38)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Fuschillo
      
      Griffo
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (23)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Golden
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Ranzenhofer
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Jun 8, 2010 - Transportation Committee Vote
  S5292
  
  10
  
  Aye
  
  1
  
  Nay
  
  7
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Jun 8, 2010
      
      aye (10)
      
      Addabbo Jr.
      
      Aubertine
      
      Dilan
      
      Foley
      
      Libous
      
      Perkins
      
      Savino
      
      Squadron
      
      Stavisky
      
      Valesky
      
      nay (1)
      
      Diaz
      
      aye wr (7)
      
      Fuschillo
      
      Lanza
      
      Larkin
      
      Nozzolio
      
      Robach
      
      Volker
      
      Young
      
      excused (1)
      
      Johnson
  Jun 10, 2010 - Codes Committee Vote
  S5292
  
  11
  
  Aye
  
  3
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 10, 2010
      
      aye (11)
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Huntley
      
      Klein
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      Volker
      
      nay (3)
      
      Flanagan
      
      Golden
      
      Lanza
      
      aye wr (2)
      
      Bonacic
      
      Saland

Bill Amendments

Original

C (Active)

2009-S5292 - Details

Laws Affected:: Amd §1146, V & T L

2009-S5292 - Summary

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.

2009-S5292 - Sponsor Memo

                                 BILL NUMBER:  S5292

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to defining a
vulnerable user of a public way, establishing the offense of careless
driving and procedures and penalties relating thereto, and authorizing
the commissioner of motor vehicles to revoke or suspend the license or
driving privileges of a person convicted of careless driving if such
person causes injury to a vulnerable user of a public way


 PURPOSE :
To establish the vulnerable user legal concept within the Vehicle and
Traffic law and provide for the offense of careless driving.

 SUMMARY OF PROVISIONS :
Section 1: Dedicates this legislation to Hailey Ng and Diego Martinez.

Section 2: adds a new section 159-a to the VTL defining vulnerable
user as a pedestrian, highway worker, person riding an animal, or
person operating any of the following on a public way, crosswalk, or
highway shoulder: farm tractor, skateboard, roller or inline skates,
scooter or bicycle.

Section 3: adds a new section 1146-b VTL establishing the offense of
careless driving and providing penalties and procedures when the

offense involves the vulnerable user of a public way.

Section 4: adds a new paragraph (e) of Subdivision 2 of Section 510 of
the VTL providing for the mandatory suspension or revocation of a
driver's license when the violation resulted in the serious injury or
death of a vulnerable user of a public way.

Section 5: Provides for an effective date of the first of November
next succeeding the date when it shall have become a law.

 EXISTING LAW :
New Bill.

 JUSTIFICATION :
This legislation has been introduced at the request of the parents of
Hailey Ng and Diego Martinez, two children who died tragically in New
York City in January 2009 when a van mistakenly was put in reverse and
hopped the curb.

The states of Oregon and Illinois have recently established the
concept of a "vulnerable user" of a public way in their vehicle codes.
Pedestrians, cyclists, equestrians, farm workers and other
recreational road users that travel on New York State's public roads
are at particular risk of injury or death from collision. In 2007,322
vulnerable users were killed and 20,845 vulnerable users were injured
on New York State roads. While vulnerable users were involved in only
6% of total crashes in New York State, they accounted for 24% of all
crash fatalities.

Among vulnerable users, 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% of the population, yet comprised 39% of the city's
pedestrian fatalities from 2002-2006. (New York City is highlighted
because almost half of vulnerable user injuries and fatalities occur
within the five boroughs.)

At present, in New York State vehicular homicide charges, most often
in the form of criminally negligent homicide, are rarely pursued.
This legislation addresses this by providing district attorneys with
an additional option that may be appropriate in certain cases

 LEGISLATIVE HISTORY :
New legislation.

 FISCAL IMPLICATIONS :
To be determined.

 LOCAL FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
First of November next succeeding the date it shall have become a law.

2009-S5292 - Bill Text download pdf

co-Sponsors

2009-S5292A - Details

Laws Affected:: Amd §1146, V & T L

2009-S5292A - Summary

2009-S5292A - Sponsor Memo

                                 BILL NUMBER:  S5292A

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to defining a
vulnerable user of a public way, establishing the offense of careless
driving and procedures and penalties relating thereto, and authorizing
the commissioner of motor vehicles to revoke or suspend the license or
driving privileges of a person convicted of careless driving if such
person causes injury to a vulnerable user of a public way


 PURPOSE :

To establish the vulnerable user legal concept within the Vehicle and
Traffic law and provide for the offense of careless driving.

 SUMMARY OF PROVISIONS :

Section 1: Dedicates this legislation to Hayley Ng and Diego Martinez.

Section 2: adds a new section 159-a to the VTL defining vulnerable
user as a pedestrian, highway worker, person riding an animal, or
person operating any of the following on a public way, crosswalk, or
highway shoulder: farm tractor, skateboard, roller or inline skates,
scooter or bicycle.

Section 3: adds a new section 1146-b VTL establishing the offense of
careless driving and providing penalties and procedures when the
offense involves the vulnerable user of a public way.

Section 4: adds a new paragraph (e) of Subdivision 2 of Section 510 of
the VTL providing for the mandatory suspension or revocation of a
driver's license when the violation resulted in the serious injury or
death of a vulnerable user of a public way.

Section 5: Provides for an effective date of the first of November
next succeeding the date when it shall have become a law.

 EXISTING LAW :

New Bill.

 JUSTIFICATION :

This legislation has been introduced at the request of the parents of
Hailey N g and Diego Martinez, two children who died tragically in New
York City in January 2009 when a van mistakenly was put in reverse and
hopped the curb.

The states of Oregon and Illinois have recently established the
concept of a "vulnerable user" of a public way in their vehicle codes.
Pedestrians, cyclists, equestrians, farm workers and other
recreational road users that travel on New York State's public roads
are at particular risk of injury or death from collision. In 2007, 322
vulnerable users were killed and 20,845 vulnerable users were injured
on New York State roads. While vulnerable users were involved in only
6% of total crashes in New York State, they accounted for 24% of all
crash fatalities.

Among vulnerable users, 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% of the population, yet comprised 39% of the city's
pedestrian fatalities from 2002-2006. (New York City is highlighted
because almost half of vulnerable user injuries and fatalities occur
within the five boroughs.)

At present, in New York State vehicular homicide charges, most often
in the form of criminally negligent homicide, are rarely pursued.
This legislation addresses this by providing district attorneys with
an additional option that may be appropriate in certain cases.

 LEGISLATIVE HISTORY :

New legislation.

 FISCAL IMPLICATIONS :

To be determined.

 LOCAL FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
First of November next succeeding the date it shall have become a law.

2009-S5292A - Bill Text download pdf

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

                                 5292--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to  defining  a
  vulnerable  user of a public way, establishing the offense of careless
  driving and procedures and penalties relating thereto, and authorizing
  the commissioner of motor vehicles to revoke or suspend the license or
  driving privileges of a person convicted of careless driving  if  such
  person causes injury to a vulnerable user of a public way

  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. The vehicle and traffic law is amended by adding  a  new  section
159-a to read as follows:
  S  159-A.  VULNERABLE  USER.  A PEDESTRIAN, A HIGHWAY WORKER, A PERSON
RIDING AN ANIMAL OR A PERSON OPERATING ANY OF THE FOLLOWING ON A  PUBLIC
WAY, CROSSWALK OR SHOULDER OF THE HIGHWAY:
  1. A FARM TRACTOR OR IMPLEMENT OF HUSBANDRY WITHOUT AN ENCLOSED SHELL;
  2. A SKATEBOARD;
  3. ROLLER SKATES OR IN-LINE SKATES;
  4. A SCOOTER; OR
  5. A BICYCLE.
  S  3.  The  vehicle and traffic law is amended by adding a new section
1146-b to read as follows:
  S 1146-B. CARELESS DRIVING; PROCEDURE; PENALTIES. 1. A PERSON  COMMITS
THE  OFFENSE OF CARELESS DRIVING IF THE PERSON DRIVES ANY VEHICLE UPON A
HIGHWAY, INCLUDING THE SHOULDER OF A HIGHWAY, OR OTHER PREMISES OPEN  TO
THE  PUBLIC  WITHOUT  DUE CARE OR IN A MANNER THAT ENDANGERS OR WOULD BE
LIKELY TO ENDANGER ANY PERSON OR PROPERTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10903-04-9

S. 5292--A                          2

  2. IN ADDITION TO ANY OTHER PENALTY IMPOSED FOR AN  OFFENSE  COMMITTED
UNDER  THIS  SECTION  PURSUANT  TO THIS CHAPTER, IF THE COURT DETERMINES
THAT THE COMMISSION OF THE OFFENSE DESCRIBED IN THIS SECTION CONTRIBUTED
TO THE SERIOUS PHYSICAL INJURY OR DEATH OF A VULNERABLE USER OF A PUBLIC
WAY, THE COURT SHALL:
  (A)  IMPOSE  A SENTENCE THAT REQUIRES THE PERSON TO COMPLETE A TRAFFIC
SAFETY COURSE AND PERFORM UP TO SIXTY DAYS OF  COMMUNITY  SERVICE  WHICH
SHALL  INCLUDE  ACTIVITIES  RELATED  TO DRIVER IMPROVEMENT AND PROVIDING
PUBLIC EDUCATION ON TRAFFIC SAFETY;
  (B) IMPOSE, BUT SUSPEND, ON THE CONDITION THAT THE PERSON COMPLETE THE
REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION, A FINE OF UP  TO  TEN
THOUSAND  DOLLARS  AND  A  SUSPENSION OF UP TO ONE YEAR OR REVOCATION OF
DRIVING PRIVILEGES AS PROVIDED IN SECTION FIVE HUNDRED TEN OF THIS CHAP-
TER; AND
  (C) SET A HEARING DATE UP TO ONE YEAR FROM THE DATE OF SENTENCING.
  3. AT THE HEARING DESCRIBED IN PARAGRAPH (C)  OF  SUBDIVISION  TWO  OF
THIS SECTION, THE COURT SHALL:
  (A)   IF  THE  PERSON  HAS  SUCCESSFULLY  COMPLETED  THE  REQUIREMENTS
DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS  SECTION,  DISMISS
THE  PENALTIES  IMPOSED  UNDER  PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
SECTION; OR
  (B) IF THE PERSON HAS  NOT  SUCCESSFULLY  COMPLETED  THE  REQUIREMENTS
DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION:
  (1)  GRANT  THE  PERSON AN EXTENSION OF TIME, FOR GOOD CAUSE SHOWN, TO
COMPLETE THE REQUIREMENTS DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION  TWO
OF THIS SECTION AND SET A DATE FOR A SUBSEQUENT HEARING; OR
  (2)  IMPOSE  THE  PENALTIES  UNDER PARAGRAPH (B) OF SUBDIVISION TWO OF
THIS SECTION.
  4. (A) WITHIN TEN DAYS OF IMPOSING A SUSPENSION UNDER SUBPARAGRAPH TWO
OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, THE  COURT  SHALL
PREPARE  AND SEND TO THE DEPARTMENT AN ORDER OF SUSPENSION OR REVOCATION
OF DRIVING PRIVILEGES OF THE PERSON  CONVICTED.  UPON  RECEIPT  OF  SUCH
ORDER,  THE  DEPARTMENT SHALL IMMEDIATELY MAKE PROPER ENTRY IN ITS FILES
AND RECORDS, SUSPEND OR REVOKE THE LICENSE OR DRIVING PRIVILEGE  OF  THE
CONVICTED PERSON AS SPECIFIED IN THE ORDER AND TAKE SUCH OTHER ACTION AS
IS NECESSARY TO IMPLEMENT THE PROVISIONS OF THE ORDER.
  (B)  ANY  SUSPENSION  OF  DRIVING  PRIVILEGES  ORDERED PURSUANT TO THE
PROVISIONS OF THIS SECTION SHALL REMAIN IN FORCE FOR THE PERIOD OF  TIME
OF  THE  SUSPENSION AS SPECIFIED IN THE ORDER OR, IF NO PERIOD IS SPECI-
FIED, UNTIL THE DEPARTMENT IS NOTIFIED BY THE COURT THAT THE  SUSPENSION
IS  ENDED;  PROVIDED THAT, IF THE DEPARTMENT IS ORDERED TO AUTOMATICALLY
RESTORE THE DRIVING PRIVILEGES  UPON  THE  SUCCESSFUL  COMPLETION  OF  A
PROGRAM,  THE  DEPARTMENT  SHALL  DO SO IMMEDIATELY AND SHALL NOTIFY THE
JUDGE THAT THE PERSON HAS COMPLIED WITH THE ORDER OF THE JUDGE.
  5. A PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  AND  CAUSES
SERIOUS PHYSICAL INJURY TO OR THE DEATH OF A VULNERABLE USER OF A PUBLIC
WAY  SHALL  PERSONALLY  APPEAR BEFORE THE COURT AT THE TIME INDICATED IN
THE SUMMONS ISSUED FOR THE VIOLATION AND FOR ALL HEARINGS PERTAINING  TO
THE  MATTER. AS USED IN THIS SECTION, SERIOUS PHYSICAL INJURY SHALL HAVE
THE MEANING SPECIFIED IN SUBDIVISION TEN OF SECTION 10.00 OF  THE  PENAL
LAW.
  6.  THE  POLICE OFFICER ISSUING THE CITATION FOR AN OFFENSE UNDER THIS
SECTION SHALL NOTE ON THE CITATION IF THE CITED OFFENSE  CONTRIBUTED  TO
THE  SERIOUS  PHYSICAL  INJURY OR DEATH OF A VULNERABLE USER OF A PUBLIC
WAY.

S. 5292--A                          3

  S 4. Subdivision 2 of section 510 of the vehicle and  traffic  law  is
amended by adding a new paragraph e to read as follows:
  E.  MANDATORY SUSPENSION OR REVOCATION OF A LICENSE; INJURY TO VULNER-
ABLE USER OF A PUBLIC WAY. A LICENSE OR PRIVILEGE SHALL BE SUSPENDED  OR
REVOKED BY THE COMMISSIONER WHERE THE HOLDER IS CONVICTED OF A VIOLATION
OF  SECTION  ELEVEN HUNDRED FORTY-SIX-B OF THIS CHAPTER, WHICH VIOLATION
RESULTED IN INJURY TO OR THE DEATH OF A VULNERABLE USER OF A PUBLIC  WAY
AS SPECIFIED IN SUBDIVISION TWO OF SECTION ELEVEN HUNDRED FORTY-SIX-B OF
THIS  CHAPTER,  IN  ACCORDANCE  WITH  THE PROVISIONS OF THE ORDER OF THE
COURT RENDERING THE CONVICTION.
  S 5. This act shall take effect on the first of November next succeed-
ing the date upon which it shall become a law.

co-Sponsors

2009-S5292B - Details

Laws Affected:: Amd §1146, V & T L

2009-S5292B - Summary

2009-S5292B - Sponsor Memo

                                 BILL NUMBER:  S5292B              REVISED

 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 Hailey 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 immediately.

2009-S5292B - Bill Text download pdf

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

                                 5292--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10903-09-0

S. 5292--B                          2

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 immediately.

co-Sponsors

2009-S5292C (ACTIVE) - Details

Laws Affected:: Amd §1146, V & T L

2009-S5292C (ACTIVE) - Summary

2009-S5292C (ACTIVE) - Sponsor 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.

2009-S5292C (ACTIVE) - Bill Text download pdf

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

                                 5292--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10903-11-0

S. 5292--C                          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 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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Senate Bill S5292

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status Via A7917 - Signed by Governor

Bill Amendments

2009-S5292 - Details

2009-S5292 - Summary

2009-S5292 - Sponsor Memo

2009-S5292 - Bill Text download pdf

co-Sponsors

Ruth Hassell-Thompson

Jeffrey D. Klein

2009-S5292A - Details

2009-S5292A - Summary

2009-S5292A - Sponsor Memo

2009-S5292A - Bill Text download pdf

co-Sponsors

Ruth Hassell-Thompson

Jeffrey D. Klein

2009-S5292B - Details

2009-S5292B - Summary

2009-S5292B - Sponsor Memo

2009-S5292B - Bill Text download pdf

co-Sponsors

Ruth Hassell-Thompson

Jeffrey D. Klein

2009-S5292C (ACTIVE) - Details

2009-S5292C (ACTIVE) - Summary

2009-S5292C (ACTIVE) - Sponsor Memo

2009-S5292C (ACTIVE) - Bill Text download pdf

Comments