Senate Bill S664

2023-2024 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

Current Bill Status - In Senate Committee Transportation Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S664 (ACTIVE) - Details

Current Committee:
Senate 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
2017-2018: S1790, S7031
2019-2020: S2369
2021-2022: S3093

2023-S664 (ACTIVE) - Summary

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

2023-S664 (ACTIVE) - Sponsor Memo

2023-S664 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    664
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03007-01-3
 S. 664                              2
              

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