NY State Senate Bill S1790

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2017	referred to transportation delivered to assembly passed senate ordered to third reading cal.1609 committee discharged and committed to rules
Jan 10, 2017	referred to transportation

Votes

Co-Sponsors

S1790 (ACTIVE) - Details

See Senate Version of this Bill:: S7031
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1146, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3644
2015-2016: S1121
2019-2020: S2369
2021-2022: S3093
2023-2024: S664

S1790 (ACTIVE) - Summary

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

S1790 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S1790

 PURPOSE :

This bill allows police officers to arrest a driver of a motor vehicle
in certain circumstances without a warrant.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivisions (a)(b) and (c) of Section 1146 of the
Vehicle and Traffic Law by requiring that drivers exercise "due care"
so as not to cause physical injury to highway workers.

Section 2 amends Section 1146 of the Vehicle and Traffic Law by adding
a new subdivision (f). A police officer may arrest, without a warrant,
a driver whom the officer has reasonable cause to believe violated
subdivisions (b) or (c) of Section 1146. Subdivisions (b) and (c) of
Section 1146 set penalties and fines for drivers who have caused
physical injury or serious physical injury to a pedestrian or
bicyclist because they failed 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, established 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 accidents occur in the police
officer's presence. This addition 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 :

2016: S1121/A5748 - PASSED SENATE/ referred to transportation
2015: S1121/A5748 - PASSED SENATE/ referred to transportation
2014: S3644-A/A2012-A - PASSED SENATE/referred to transportation
2013: S3644-A/2012-A - PASSED SENATE/referred to transportation
2012: A9219-A - referred to transportation

 FISCAL IMPACT ON THE STATE :

None.

 EFFECTIVE DATE :
This act shall take effect the 90th after it shall have become law.

S1790 (ACTIVE) - Bill Text download pdf


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

                                  1790

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 10, 2017
                               ___________

Introduced by Sens. SQUADRON, HOYLMAN -- 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. 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
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.
                                                           LBD00506-01-7

S. 1790                             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,  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.
  § 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.
  § 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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The New York State Senate

senate Bill S1790

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Jun 14, 2017 - floor Vote

Floor Vote: Jun 14, 2017

Jun 14, 2017 - Rules committee Vote

Rules Committee Vote: Jun 14, 2017

Co-Sponsors

S1790 (ACTIVE) - Details

S1790 (ACTIVE) - Summary

S1790 (ACTIVE) - Sponsor Memo

S1790 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1790

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 14, 2017 - floor Vote

Floor Vote: Jun 14, 2017

Jun 14, 2017 - Rules committee Vote

Rules Committee Vote: Jun 14, 2017

Co-Sponsors

Brad Hoylman-Sigal

S1790 (ACTIVE) - Details

S1790 (ACTIVE) - Summary

S1790 (ACTIVE) - Sponsor Memo

S1790 (ACTIVE) - Bill Text download pdf

Comments