S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7031
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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
 of such failure to exercise due care, such  person  operated  the  motor
 vehicle in a manner that caused such physical injury.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00506-01-7

 S. 7031                             2
 
   (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.