assembly Bill A2012A

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Mar 21, 2013 print number 2012a
Mar 21, 2013 amend and recommit to transportation
Jan 09, 2013 referred to transportation

Co-Sponsors

A2012 - Details

See Senate Version of this Bill:
S3644
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1146, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9219
2015-2016: A5748, S1121
2017-2018: A8642, S1790, S7031
2019-2020: S2369

A2012 - Summary

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

A2012 - Bill Text download pdf

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

                                  2012

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. KAVANAGH, QUART -- read once and referred to the
  Committee on Transportation

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.
                                                           LBD00305-02-3

Co-Sponsors

A2012A (ACTIVE) - Details

See Senate Version of this Bill:
S3644
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1146, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9219
2015-2016: A5748, S1121
2017-2018: A8642, S1790, S7031
2019-2020: S2369

A2012A (ACTIVE) - Summary

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

A2012A (ACTIVE) - Bill Text download pdf

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

                                 2012--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. KAVANAGH, QUART -- read once and referred to the
  Committee on Transportation --  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. 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.
  2. If such driver of a motor  vehicle  causes  physical  injury  while
failing  to  exercise  due  care in violation of subdivision (a) of this

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