NY State Senate Bill 2021-S5989

Senate Bill S5989

2021-2022 Legislative Session

Prohibits municipalities from transferring primary investigating authority of vehicle collisions that result in serious injury or death to a non-law enforcement agency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Mar 25, 2021	referred to transportation

2021-S5989 (ACTIVE) - Details

See Assembly Version of this Bill:: A6211
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §603-a, V & T L
Versions Introduced in 2023-2024 Legislative Session:: S4630, A3145

2021-S5989 (ACTIVE) - Summary

Prohibits municipalities from transferring primary investigating authority of vehicle collisions that result in serious injury or death from the police to a non-law enforcement agency.

2021-S5989 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5989

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to prohibiting
municipalities from transferring primary investigating authority of
vehicle collisions that result in serious injury or death to a non-law
enforcement agency

 
PURPOSE:

Prohibits municipalities from transferring primary investigating author-
ity of vehicle collisions that result in serious injury or death to a
non-law enforcement agency

 
SUMMARY OF PROVISIONS:

Section 1 amends the opening paragraph of subdivision 1 of section 603a
of the vehicle and traffic law, as amended by chapter 489 of the laws of
2017, to restrict municipalities from transferring primary investigating

authority to a non-law enforcement agency. Section 2 provides the effec-
tive date.

 
JUSTIFICATION:

This legislation was introduced in response to a proposal by the New
York City Council which would transfer primary authority over crash
investigations, including those that are criminal, from the New York
City Police Department (NYPD) to the New York City Department of Trans-
portation (NYC DOT). In 2020, 244 people died in traffic crashes
throughout New York City, some of which saw criminal charges pursued by
prosecutors. The City Council's legislation stems from a misguided anti-
police agenda, and any attempt to remove the investigation of crashes,
criminal or otherwise, from the purview of our city's primary law
enforcement agency to a non-law enforcement agency would be negligent.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5989 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5989
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  prohibiting
   municipalities  from  transferring  primary investigating authority of
   vehicle collisions that result in serious injury or death to a non-law
   enforcement agency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of subdivision 1 of section 603-a of
 the vehicle and traffic law, as amended by chapter 489 of  the  laws  of
 2017, is amended to read as follows:
   In  addition  to the requirements of section six hundred three of this
 article, whenever a motor vehicle accident results in  serious  physical
 injury  or death to a person, [and such accident either is discovered by
 a police officer, or reported to a police officer within five days after
 such accident occurred,] the police shall conduct  an  investigation  of
 such  accident.  NO MUNICIPALITY SHALL TRANSFER SUCH PRIMARY INVESTIGAT-
 ING AUTHORITY TO A NON-LAW ENFORCEMENT AGENCY.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09598-01-1

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