Senate Bill S9915

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9915
 
                             I N  S E N A T E
 
                            September 18, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT  to  amend the vehicle and traffic law, in relation to injury of
   domestic and companion animals by motorists
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 1146 of the vehicle and traffic law, as amended by
 chapter 333 of the laws of 2010, is amended to read as follows:
   § 1146. Drivers  to  exercise  due  care.  (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, pedestri-
 an, [or] domestic animal, OR COMPANION ANIMAL upon any roadway and shall
 give warning by sounding the horn when necessary. For  the  purposes  of
 this  section, the term "domestic animal" shall mean domesticated sheep,
 cattle, and goats which are under  the  supervision  and  control  of  a
 pedestrian;  AND  THE  TERM "COMPANION ANIMAL" MEANS ANY DOG OR CAT, AND
 SHALL ALSO MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAINTAINED IN  OR
 NEAR  THE  HOUSEHOLD  OF  THE  OWNER  OR PERSON WHO CARES FOR SUCH OTHER
 DOMESTICATED ANIMAL.
   (b) 1. A driver of a motor  vehicle  who  causes  physical  injury  as
 defined in article ten of the penal law to a pedestrian [or], bicyclist,
 DOMESTIC  ANIMAL  OR COMPANION ANIMAL while failing to exercise due care
 in violation of subdivision (a) of this section, shall be  guilty  of  a
 traffic  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.
   (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  [or],  bicy-
 clist,  OR  COMPANION  ANIMAL  while  failing  to  exercise  due care in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15960-01-4
 S. 9915                             2
 
 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.
   (d) A violation of subdivision (b) or (c) of this section committed by
 a  person  who  has  previously  been convicted of any violation of such
 subdivisions within the preceding five years, shall constitute a class B
 misdemeanor punishable by a fine of not more than one  thousand  dollars
 in addition to any other penalties provided by law.
   (e)  Nothing  contained  in  this section shall prevent the court from
 imposing any other authorized disposition, including a period of  commu-
 nity service.
   § 2. Section 601 of the vehicle and traffic law, as amended by chapter
 795 of the laws of 2021, is amended to read as follows:
   §  601.  Leaving scene of injury to certain animals without reporting.
 Any person operating a motor vehicle which shall strike and  injure  any
 horse,  dog,  cat or animal classified as cattle shall stop and endeavor
 to locate the owner or custodian of such animal or a  police,  peace  or
 judicial  officer  of  the  vicinity,  and take any other reasonable and
 appropriate action so that the animal may have necessary attention,  and
 shall  also promptly report the matter to such owner, custodian or offi-
 cer (or if no one of such has been located, then to a police officer  of
 some  other  nearby  community),  exhibiting  [his or her] SUCH PERSON'S
 license and insurance identification card for such  vehicle,  when  such
 card  is  required  pursuant  to articles six and eight of this chapter,
 giving [his or her] SUCH PERSON'S name and residence,  including  street
 and street number, insurance carrier and insurance identification infor-
 mation and license number. In addition to the foregoing, any such person
 shall  also:  (i)  (A)  produce the proof of insurance coverage required
 pursuant to article forty-four-B of this chapter if such person is a TNC
 driver operating a TNC vehicle at the time of the incident who  was  (1)
 logged  on  to the TNC's digital network but not engaged in a TNC prear-
 ranged trip or (2) was engaged  in  a  TNC  prearranged  trip;  and  (B)
 disclose  whether  [he  or  she]  SUCH PERSON, at the time such incident
 occurred, was (1) logged on to the TNC's digital network but not engaged
 in a TNC prearranged trip or (2) was engaged in a TNC prearranged  trip,
 or (ii) (A) produce the proof of insurance coverage required pursuant to
 article  forty  of  the  general business law if such person is a shared
 vehicle owner or shared vehicle driver operating a shared vehicle during
 a peer-to-peer car sharing period while the incident occurred;  and  (B)
 disclose  whether  [he  or  she]  SUCH PERSON, at the time such incident
 occurred, was operating a shared vehicle during a peer-to-peer car shar-
 ing period. Violation of this section shall be punishable by a  fine  of
 not  more  than  [one] FIVE hundred dollars for a first offense and by a
 fine of not less than [fifty] TWO HUNDRED  nor  more  than  [one]  SEVEN
 hundred  fifty dollars for a second offense and each subsequent offense;
 S. 9915                             3
 
 provided, however where the animal that has been struck and injured is a
 guide dog, hearing dog or service dog, as  such  terms  are  defined  in
 section  forty-seven-b of the civil rights law which is actually engaged
 in  aiding  or  guiding  a person with a disability, a violation of this
 section shall be punishable by a fine of not less than TWO HUNDRED fifty
 nor more than [one] FIVE hundred fifty dollars for a first  offense  and
 by  a  fine  of not less than [one] THREE hundred fifty dollars nor more
 than [three] SEVEN hundred FIFTY dollars for a second offense  and  each
 subsequent offense.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.