A07917 Summary:

BILL NO    A07917B

SAME AS    No same as

SPONSOR    Kavanagh

COSPNSR    Koon, Meng, Galef

MLTSPNSR   Cook, Gabryszak, Hooper, Pheffer, Schimel, Thiele, Weisenberg

Amd S1146, V & T L

Relates to the requirement of exercising due care in the operation of a motor
vehicle to avoid colliding with any bicyclist, pedestrian or domestic animal;
provides penalties for causing physical injury by failing to exercise due care.

A07917 Actions:

BILL NO    A07917B

04/28/2009 referred to transportation
05/07/2009 amend and recommit to transportation
05/07/2009 print number 7917a
06/15/2009 amend (t) and recommit to transportation
06/15/2009 print number 7917b
01/06/2010 referred to transportation

A07917 Votes:

A07917 Memo:

BILL NUMBER:A7917B

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to the requirement of
exercising due care in the operation of a motor vehicle

PURPOSE: To penalize vehicle operators who injure
others when failing
to exercise due care while operating a motor vehicle.

SUMMARY OF PROVISIONS:
Section 1: Amends Section 1146 of the Vehicle and Traffic Law to
create penalties, including fines and/ or imprisonment, for motor
vehicle operators who fail to exercise due care while operating a
motor vehicle and cause physical injury, or serious physical injury,
to other roadway users.

Section 2: This act shall take effect immediately.

JUSTIFICATION: Ail non-vehicular roadway users of New
York State's
public roads are at particular risk of injury or death from collision
from careless drivers. In 2007, 322 were killed and 20,845
non-vehicular roadway users were injured on New York State roads.
While these non-vehicular roadway users were involved in only 6% of
total crashes in New York State, they accounted for 24% of all crash
fatalities.

Children and seniors account for a disproportionate number of these
deaths and injuries. In New York City, motor vehicles remain the
leading cause of accidental child death and, on average, 85% percent
of these children are pedestrians. Seniors are more prone to fatality
if involved in a crash than the general population. In New York City,
people aged 65 years and older make up about 12% of the population,
yet comprised 39% of the city's pedestrian fatalities from 2002-2006.
(New York City is highlighted because almost half of these types of
incidences leading to injuries and fatalities occur within the five
boroughs.)

At present, district attorneys across New York State are often faced
with difficult choices when prosecuting vehicular-related injuries.
Even Where culpability may be shown, criminal charges, such as
vehicular homicide, are rarely filed. This legislation will provide
district attorneys with additional options, creating a greater
measure of justice and social deterrence against careless drivers who
seriously injure other non-vehicular roadway users.

LEGISLATIVE HISTORY: This is a new bill in the
Assembly.

FISCAL IMPACT ON THE STATE: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.