Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
senate Bill S1790
Sponsored By
Daniel L. Squadron
(D, WF) 0 Senate District
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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Co-Sponsors
Brad Hoylman-Sigal
(D, WF) 47th Senate District
S1790 (ACTIVE) - Details
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
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
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