senate Bill S3644A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1432
committee discharged and committed to rules
Jan 08, 2014 referred to transportation
returned to senate
died in assembly
May 21, 2013 referred to transportation
delivered to assembly
passed senate
Mar 25, 2013 amended on third reading 3644a
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
Mar 19, 2013 1st report cal.249
Feb 07, 2013 referred to transportation

Votes

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Jun 17, 2014 - Rules committee Vote

S3644A
22
0
committee
22
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Mar 19, 2013 - Transportation committee Vote

S3644
14
1
committee
14
Aye
1
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S3644 - Bill Details

See Assembly Version of this Bill:
A2012A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1146, V & T L
Versions Introduced in 2011-2012 Legislative Session:
A9219A

S3644 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S3644

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 traf-
fic 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, estab-
lish a traffic infraction for drivers who injure a pedestrian or bicy-
clist due to a failure to exercise due care in operating a motor vehi-
cle. 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 offi-
cers 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 reason-
able 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.

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

                                  3644

                       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

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

S3644A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2012A
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1146, V & T L
Versions Introduced in 2011-2012 Legislative Session:
A9219A

S3644A (ACTIVE) - Bill Texts

view summary

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

view 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 full text
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                    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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