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Sponsors
1 Co-sponsor
History
- Referred to transportation
- Delivered to assembly
- Passed senateVote 58–0
- Ordered to third reading cal.1432
- Committee discharged and committed to rules
- Referred to transportation
- Returned to senate
- Died in assembly
- Referred to transportation
- Delivered to assembly
- Passed senateVote 61–1
- Amended on third reading 3644a
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.249
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Authorizes police officers to arrest a driver of a motor vehicle in certain circumstances without a warrant
In Assembly Committee · Transportation · Sponsor Brian Kavanagh
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3644A
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 circumstances
Purpose
This bill allows police officers to arrest a driver of a motor vehicle in certain circumstances without a warrant.
Summary of provisions
Section 1146, Article 26 of the Vehicle and Traffic Law is amended to add a new subdivision (f). A police officer may arrest, without a warrant, a driver whom the officer has reasonable cause to believe violated subdivision (b) or (c) of Section 1146, which allow for a traffic infraction punishable by fines not to exceed five hundred dollars or seven hundred fifty dollars, depending on the severity of injury caused, or imprisonment not to exceed fifteen days, or required participation in a motor vehicle accident prevention course, or a combination of any of these punishments when a driver has caused physical injury or serious physical injury to a pedestrian or bicyclist due to failure to exercise due care in the operation of a motor vehicle.
Justification
The 2010 amendments to Section 1146, Article 26 of the Vehicle and Traffic Law, commonly called Bayley and Diego's Law, establish 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 Dart because police officers may only issue a VTL 1146 when such accident occurs in the police officer's presence. This addition to VTL 1146 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
2012: Referred to Transportation
Fiscal impact on the state
None.
Effective date
This act shall take effect the 90th after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.