NY State Senate Bill 2023-S664

Senate Bill S664

2023-2024 Legislative Session

Authorizes police officers to arrest a driver of a motor vehicle in certain circumstances without a warrant

download bill text pdf

Current 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 03, 2024	referred to transportation
Jan 05, 2023	referred to transportation

2023-S664 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1146, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3644
2015-2016: S1121
2017-2018: S1790, S7031
2019-2020: S2369
2021-2022: S3093

2023-S664 (ACTIVE) - Summary

Authorizes police officers to arrest a driver of a motor vehicle in certain circumstances without a warrant.

2023-S664 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S664

SPONSOR: KAVANAGH
 
TITLE OF BILL:

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 circum-
stances

 
PURPOSE:

This bill allows police officers to arrest a driver of a motor vehicle
in certain circumstances without a warrant.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivisions (a)(b) and (c) of Section 1146 of the
Vehicle and Traffic Law by requiring that drivers exercise "due care" so
as not to cause physical injury to highway workers.

Section 2 amends Section 1146 of the Vehicle and Traffic Law by adding a
new subdivision (f). A police officer may arrest, without a warrant, a

driver whom the officer has reasonable cause to believe violated subdi-
visions (b) or (c) of Section 1146. Subdivisions (b) and (c) of Section
1146 set penalties and fines for drivers who have caused physical injury
or serious physical injury to a pedestrian or bicyclist because they
failed to exercise due care in the operation of a motor vehicle.

 
JUSTIFICATION:

The 2010 amendments to Section 1146, Article 26 of the Vehicle and Traf-
fic Law, commonly called Hayley and Diego's Law, established a traffic
infraction for drivers who injure a pedestrian or bicyclist due to a
failure to exercise due care in operating a motor vehicle.  VTL 1146 has
seen limited enforcement in part because police officers may only issue
a VTL 1146 when such accidents occur in the police officer's presence.
This addition allows police officers to issue a VTL 1146 violation even
if the accident did not take place in the presence of the police officer
if the officer has reasonable cause to believe that the violation was
committed by such person.

 
LEGISLATIVE HISTORY:

2022: S3093 - Transportation

2021: S3093 - Transportation

2020: S2369 - Transportation

2019: S2369 - Transportation

2018: S7031 - PASSED SENATE/ referred to transportation

2017: S1790 - PASSED SENATE/ referred to transportation

2016: S1121/A5748 - PASSED SENATE/referred to transportation

2015: S1121/A5748 - PASSED SENATE/referred to transportation

2014: S3644A/A2012-A - PASSED SENATE/referred to transportation

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S664 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    664
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 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:
 
   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.
                                                            LBD03007-01-3
 S. 664                              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.

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