Prohibits municipalities from transferring primary investigating authority of vehicle collisions that result in serious injury or death from the police to a non-law enforcement agency.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3145
SPONSOR: Reilly TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to prohibiting
municipalities from transferring primary investigating authority of
vehicle collisions that result in serious injury or death to a non-law
enforcement agency
PURPOSE OR GENERAL IDEA OF BILL:
SUMMARY OF PROVISIONS:
Section 1 amends the opening paragraph of subdivision 1 of section 603a
of the vehicle and traffic law, as amended by chapter 489 of the laws of
2017, to restrict municipalities from transferring primary investigating
authority to a non-law enforcement agency. Section 2 provides the effec-
tive date.
JUSTIFICATION:
This legislation was introduced in response to a proposal by the New
York City Council which would transfer primary authority over crash
investigations, including those that are criminal, from the New York
City Police Department (NYPD) to the New York City Department of Trans-
portation (NYC DOT). In 2020, 244 people died in traffic crashes
throughout New York City, some of which saw criminal charges pursued by
prosecutors. The City Council's legislation stems from a misguided anti-
police agenda, and any attempt to remove the investigation of crashes,
criminal or otherwise, from the purview of our city's primary law
enforcement agency to a non-law enforcement agency would be negligent.
PRIOR LEGISLATIVE HISTORY:
03/10/21 referred to transportation
01/05/22 referred to transportation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Unknown.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3145
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
municipalities from transferring primary investigating authority of
vehicle collisions that result in serious injury or death to a non-law
enforcement agency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision 1 of section 603-a of
2 the vehicle and traffic law, as amended by chapter 489 of the laws of
3 2017, is amended to read as follows:
4 In addition to the requirements of section six hundred three of this
5 article, whenever a motor vehicle accident results in serious physical
6 injury or death to a person, [and such accident either is discovered by
7 a police officer, or reported to a police officer within five days after
8 such accident occurred,] the police shall conduct an investigation of
9 such accident. No municipality shall transfer such primary investigat-
10 ing authority to a non-law enforcement agency.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02045-01-3
