Assembly Actions -
Senate Actions - UPPERCASE
|Jan 05, 2023||
referred to transportation
Senate Bill S664
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Transportation Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S664 (ACTIVE) - Details
2023-S664 (ACTIVE) - Sponsor Memo
BILL NUMBER: S664 SPONSOR: KAVANAGH TITLE OF BILL: 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 circum- stances 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
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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