Bill Text: NY S07031 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes police officers to arrest a driver of a motor vehicle in certain circumstances without a warrant.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-06-04 - referred to transportation [S07031 Detail]
Download: New_York-2017-S07031-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7031 IN SENATE (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: 1 Section 1. Subdivisions (a), (b) and (c) of section 1146 of the vehi- 2 cle and traffic law, as amended by chapter 333 of the laws of 2010, are 3 amended to read as follows: 4 (a) Notwithstanding the provisions of any other law to the contrary, 5 every driver of a vehicle shall exercise due care to avoid colliding 6 with any bicyclist, pedestrian, including any highway worker, or domes- 7 tic animal upon any roadway and shall give warning by sounding the horn 8 when necessary. For the purposes of this section, the term "highway 9 worker" shall mean any person engaged in work on a highway who is work- 10 ing on behalf of the United States, this state, or any county, city, 11 town, district or any other political subdivision of the state; and the 12 term "domestic animal" shall mean domesticated sheep, cattle, and goats 13 which are under the supervision and control of a pedestrian. 14 (b) 1. A driver of a motor vehicle who causes physical injury as 15 defined in article ten of the penal law to a pedestrian, including any 16 highway worker or bicyclist while failing to exercise due care in 17 violation of subdivision (a) of this section, shall be guilty of a traf- 18 fic infraction punishable by a fine of not more than five hundred 19 dollars or by imprisonment for not more than fifteen days or by both 20 such fine and imprisonment. 21 2. If such driver of a motor vehicle causes physical injury while 22 failing to exercise due care in violation of subdivision (a) of this 23 section, then there shall be a rebuttable presumption that, as a result 24 of such failure to exercise due care, such person operated the motor 25 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. LBD00506-01-7S. 7031 2 1 (c) 1. A driver of a motor vehicle who causes serious physical injury 2 as defined in article ten of the penal law to a pedestrian, including 3 any highway worker or bicyclist while failing to exercise due care in 4 violation of subdivision (a) of this section, shall be guilty of a traf- 5 fic infraction punishable by a fine of not more than seven hundred fifty 6 dollars or by imprisonment for not more than fifteen days or by required 7 participation in a motor vehicle accident prevention course pursuant to 8 paragraph (e-1) of subdivision two of section 65.10 of the penal law or 9 by any combination of such fine, imprisonment or course, and by suspen- 10 sion of a license or registration pursuant to subparagraph (xiv) or (xv) 11 of paragraph b of subdivision two of section five hundred ten of this 12 chapter. 13 2. If such driver of a motor vehicle causes serious physical injury 14 while failing to exercise due care in violation of subdivision (a) of 15 this section, then there shall be a rebuttable presumption that, as a 16 result of such failure to exercise due care, such person operated the 17 motor vehicle in a manner that caused such serious physical injury. 18 § 2. Section 1146 of the vehicle and traffic law is amended by adding 19 a new subdivision (f) to read as follows: 20 (f) Notwithstanding the provisions of section 140.10 of the criminal 21 procedure law, a police officer may, without a warrant, arrest a person, 22 in case of a violation of subdivision (b) or (c) of this section, if 23 such violation is coupled with an accident or collision in which such 24 person is involved, which in fact has been committed, though not in the 25 police officer's presence, when the officer has reasonable cause to 26 believe that the violation was committed by such person. 27 § 3. This act shall take effect on the ninetieth day after it shall 28 have become a law.
