S T A T E   O F   N E W   Y O R K
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                                  5748

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

Introduced  by  M.  of  A.  KAVANAGH,  QUART,  BUCHWALD -- read once and
  referred 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.
                                                           LBD01252-01-5

              

A. 5748                             2

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.