What's happening
This bill authorizes police to arrest drivers who injure or seriously injure pedestrians, bicyclists, or highway workers without a warrant if there is reasonable cause.
Why it matters
Empowers police to act quickly. By allowing warrantless arrests when a driver injures or seriously injures a pedestrian, bicyclist, or highway worker, the bill enables police to intervene immediately, which may help prevent suspects from fleeing or tampering with evidence.
Expands legal protections for highway workers. The bill explicitly includes highway workers as protected parties, recognizing the unique risks faced by those maintaining or repairing roads and offering them the same legal safeguards as pedestrians and cyclists.
Raises the stakes for careless driving. The possibility of immediate arrest and prosecution—even if the accident wasn’t witnessed by police—serves as a stronger deterrent against negligent driving, possibly leading to safer roads for vulnerable users.
Shifts legal burdens in driver-caused injuries. The law creates a rebuttable presumption that a driver who injures someone while failing to exercise due care is responsible, making it easier for authorities to hold drivers accountable in these cases.
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Who cares
Headline styles
Let Police Arrest Unsafe Drivers
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Enacting clause stricken
- Referred to transportation
Companion bills
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.
Let Police Arrest Drivers
In Assembly Committee · Transportation · Sponsor Daniel L. Squadron
Let Police Arrest Reckless Drivers
In Assembly Committee · Transportation · Sponsor Brian Kavanagh
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8642
2017-2018 Regular Sessions
IN ASSEMBLY
September 1, 2017
Introduced by M. of A. KAVANAGH, QUART, BUCHWALD -- read once and referred 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 Assembly, do enact as follows:
Section 1. Subdivisions (a), (b) and (c) of section 1146 of the vehicle 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 domestic 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 working 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 traffic 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
A. 8642 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 traffic 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 suspension 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.