S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2012--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. KAVANAGH, QUART -- read once and referred to the
  Committee on Transportation --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00305-05-3

A. 2012--A                          2

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,  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 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.
  S 2. Section 1146 of the vehicle and traffic law is amended by  adding
a new subdivision (f) to read as follows:
  (F)  NOTWITHSTANDING  THE PROVISIONS OF SECTION 140.10 OF THE CRIMINAL
PROCEDURE LAW, A POLICE OFFICER MAY, WITHOUT A WARRANT, ARREST A PERSON,
IN CASE OF A VIOLATION OF SUBDIVISION (B) OR (C)  OF  THIS  SECTION,  IF
SUCH  VIOLATION  IS  COUPLED WITH AN ACCIDENT OR COLLISION IN WHICH SUCH
PERSON IS INVOLVED, WHICH IN FACT HAS BEEN COMMITTED, THOUGH NOT IN  THE
POLICE  OFFICER'S  PRESENCE,  WHEN  THE  OFFICER HAS REASONABLE CAUSE TO
BELIEVE THAT THE VIOLATION WAS COMMITTED BY SUCH PERSON.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.