senate Bill S1790

2017-2018 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 - 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 (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

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

S1790 (ACTIVE) - Summary

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

S1790 (ACTIVE) - Sponsor Memo

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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