Bill Text: NY S06416 | 2011-2012 | General Assembly | Introduced


Bill Title: Authorizes police officers to arrest a driver of a motor vehicle in certain circumstances when the officer has reasonable cause to believe that such person has failed to use due care in the operation of a motor vehicle.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-03-23 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S06416 Detail]

Download: New_York-2011-S06416-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6416
                                   I N  S E N A T E
                                   February 7, 2012
                                      ___________
       Introduced  by Sen. SQUADRON -- 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 without a
         warrant in certain circumstances when the officer has reasonable cause
         to believe that such person has failed to use due care in  the  opera-
         tion of a motor vehicle
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1146 of the vehicle and traffic law is  amended  by
    2  adding a new subdivision (f) to read as follows:
    3    (F)  NOTWITHSTANDING  THE PROVISIONS OF SECTION 140.10 OF THE CRIMINAL
    4  PROCEDURE LAW, A POLICE OFFICER MAY, WITHOUT A WARRANT, ARREST A PERSON,
    5  IN CASE OF A VIOLATION OF SUBDIVISION (B) OR (C)  OF  THIS  SECTION,  IF
    6  SUCH  VIOLATION  IS  COUPLED WITH AN ACCIDENT OR COLLISION IN WHICH SUCH
    7  PERSON IS INVOLVED, WHICH IN FACT HAS BEEN COMMITTED, THOUGH NOT IN  THE
    8  POLICE  OFFICER'S  PRESENCE,  WHEN  THE  OFFICER HAS REASONABLE CAUSE TO
    9  BELIEVE THAT THE VIOLATION WAS COMMITTED BY SUCH PERSON.
   10    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14324-01-2
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