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S1121Senate2015-2016 SessionSame asA5748

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

Sponsor Daniel L. SquadronSD-26+1 co-sponsorAffects Transportation
Status
In Assembly Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Transportation

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Who cares

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Sponsors

Primary sponsor
Daniel L. Squadron

Senator · Senate District 26

1 Co-sponsor

History

  1. Referred to transportation
  2. Delivered to assembly
  3. Passed senateVote 60–2
  4. Ordered to third reading cal.1754
  5. Committee discharged and committed to rules
  6. Referred to transportation
  7. Returned to senate
  8. Died in assembly
  9. Referred to transportation
  10. Delivered to assembly
  11. Passed senateVote 62–0
  12. Ordered to third reading cal.708
Show 2 earlier actions
  1. Committee discharged and committed to rules
  2. 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.

A5748Assembly

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:S1121

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 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 subdivisions (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 Traffic 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

2014: S3644-A/A2012-A - PASSED SENATE/referred to transportation 2013: S3644-A/2012-A - PASSED SENATE/referred to transportation 2012: A9219-A - 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.