senate Bill S872A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1098
May 31, 2012 print number 872a
amend (t) and recommit to transportation
Jan 04, 2012 referred to transportation
Jan 05, 2011 referred to transportation

Votes

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Jun 5, 2012 - Transportation committee Vote

S872A
16
0
committee
16
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Jun 5, 2012

aye wr (2)
excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S872 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1146, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S5388A

S872 - Bill Texts

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

view sponsor memo
BILL NUMBER: S872

TITLE OF BILL :

An act to amend the public authorities law, in relation to the conduct
of public hearings by the metropolitan transportation authority


PURPOSE :

Requires the Metropolitan Transportation Authority to hold one
additional public hearing in the event that a substantial number of
attendees are unable to enter because of insufficient capacity.

SUMMARY OF SPECIFIC PROVISIONS :

section 1 amends Section 1263 of the public authorities law by adding
subdivision 10 requiring an additional public hearing when a
substantial number of people are unable to attend due to capacity
issues. Notice is provided to those unable to participate in the
hearing regarding a second hearing to allowing their participation.
In cases where the Metropolitan Transportation Authority can
anticipate extensive public interest, specifically hearings dealing
with fare increases or service reductions, the Authority must plan for
public turnout in a suitable venue.

JUSTIFICATION :

Metropolitan Transportation Authority hearings are conducted to
solicit public input on issues that profoundly affect public transit
riders and all New Yorkers. In order to effectively and adequately
consider public opinion and suggestion hearings must be truly open to
the public. There have been MTA hearings at which a significant number
of people wishing to testify have been unable to do so because of the
size of the venue. These hearings do not fully meet the requirements
for public input, and should trigger an additional hearing.

PRIOR LEGISLATIVE HISTORY :

2010: S.5388-A/A.8149-A (Passed Senate, Passed Assembly - Vetoed)

FISCAL IMPLICATIONS :

Unable to determine at this time.

LOCAL FISCAL IMPLICATIONS :

Unable to determine at this time.

EFFECTIVE DATE :
This act shall take effect immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   872

                       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

AN ACT to amend the public authorities law, in relation to  the  conduct
  of public hearings by the metropolitan transportation authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1263 of the public authorities law  is  amended  by
adding a new subdivision 10 to read as follows:
  10.  WHERE  A  SUBSTANTIAL  NUMBER  OF  PERSONS ARE UNABLE TO ATTEND A
PUBLIC HEARING AS THE  RESULT  OF  INSUFFICIENT  SEATING  CAPACITY,  ONE
SUBSEQUENT, ADDITIONAL HEARING SHALL BE REQUIRED IN ORDER TO COMPLY WITH
PUBLIC  HEARING  REQUIREMENTS.  SUCH SUBSEQUENT HEARING SHALL BE HELD IN
REASONABLE PROXIMITY TO THE  LOCATION  OF  THE  HEARING  WHICH  DID  NOT
PROVIDE  ADEQUATE  PUBLIC  ACCOMMODATIONS. AN OFFICER OR EMPLOYEE OF THE
AUTHORITY SHALL RECORD THE NAMES AND ADDRESSES OF ANY INTERESTED PERSONS
WHO ARE UNABLE TO ENTER A HEARING ROOM DUE TO CAPACITY  LIMITATIONS  AND
SHALL NOTIFY SUCH PERSONS BY MAIL OF THE DATE AND LOCATION OF THE SUBSE-
QUENT  HEARING,  IN  ADDITION  TO ANY OTHER HEARING NOTICE REQUIREMENTS.
WHERE THE AUTHORITY DETERMINES THAT EXTENSIVE PUBLIC INTEREST IS  ANTIC-
IPATED  REGARDING THE ISSUE BEING ADDRESSED, A REQUIRED HEARING SHALL BE
HELD IN A VENUE DESIGNED TO ACCOMMODATE SUCH PUBLIC  PARTICIPATION.  THE
AUTHORITY  SHALL  PRESUME THAT THERE IS A SUBSTANTIAL PUBLIC INTEREST IN
FARE INCREASES OR SERVICE REDUCTIONS. FOR THE PURPOSES OF THIS  SUBDIVI-
SION, "SUBSTANTIAL NUMBER" SHALL BE INTERPRETED TO MEAN MORE THAN SEVEN-
TY-FIVE PERSONS.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03118-01-1

S872A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1146, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S5388A

S872A (ACTIVE) - Bill Texts

view summary

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

view 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.

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                    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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