S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1790
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced by Sens. SQUADRON, HOYLMAN -- 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:
 
   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.
                                                            LBD00506-01-7
              

 S. 1790                             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.
   § 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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.