New York City Council Header
File #: Res 0144-2014    Version: * Name: Make a violation of Hayley and Diego’s Law a misdemeanor.
Type: Resolution Status: Adopted
Committee: Committee on Transportation
On agenda: 3/26/2014
Enactment date: Law number:
Title: Resolution calling upon the New York State Legislature to pass, and the Governor to sign, legislation that would make a violation of Hayley and Diego's Law a misdemeanor.
Sponsors: James Vacca, Rosie Mendez, Carlos Menchaca, Stephen T. Levin, Helen K. Rosenthal, Maria Del Carmen Arroyo, Margaret S. Chin, James G. Van Bramer, Paul A. Vallone, Daniel Dromm
Council Member Sponsors: 10
Attachments: 1. Committee Report 4/30/14, 2. Hearing Testimony 4/30/14, 3. Hearing Transcript 4/30/14, 4. Committee Report 5/29/14, 5. Hearing Transcript 5/29/14, 6. Hearing Transcript - Stated Meeting 5-29-14, 7. Minutes of the Stated Meeting - May 29, 2014
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
5/29/2014*James Vacca City Council Approved, by CouncilPass Action details Meeting details Not available
5/29/2014*James Vacca Committee on Transportation Approved by CommitteePass Action details Meeting details Not available
5/29/2014*James Vacca Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
4/30/2014*James Vacca Committee on Transportation Laid Over by Committee  Action details Meeting details Not available
4/30/2014*James Vacca Committee on Transportation Hearing Held by Committee  Action details Meeting details Not available
3/26/2014*James Vacca City Council Referred to Comm by Council  Action details Meeting details Not available
3/26/2014*James Vacca City Council Introduced by Council  Action details Meeting details Not available
Res. No. 144
 
 
Resolution calling upon the New York State Legislature to pass, and the Governor to sign, legislation that would make a violation of Hayley and Diego's Law a misdemeanor.
 
 
By Council Members Vacca, Mendez, Menchaca, Levin, Rosenthal, Arroyo, Chin, Van Bramer, Vallone and Dromm
 
Whereas, In 2010, the New York State Legislature passed, and the Governor signed, Hayley and Diego's Law, which makes it a traffic infraction for a driver to injure a pedestrian or bicyclist while failing to "exercise due care"; and
Whereas, A violation of Hayley and Diego's Law is punishable by a fine of up to $500 (or up to $750 if the driver causes "serious physical injury") or by imprisonment for up to 15 days or by both such fine and imprisonment; and
Whereas, Hayley and Diego's Law is named after two children who were killed in 2009 in Chinatown in Manhattan when a delivery van that had been left idling and in reverse climbed the curb and hit them; and
Whereas, The driver in question was not charged with any infraction resulting from the children's deaths; and
Whereas, Enforcement of Hayley and Diego's Law has been limited because a police officer needs to witness a traffic infraction in order to issue a summons or make an arrest; and
Whereas, Making violation of Hayley and Diego's Law a misdemeanor would increase the penalties associated with carelessly harming a pedestrian or bicyclist; and
Whereas, The change would also make enforcement easier by allowing a police officer to issue a summons for failing to exercise due care and injuring someone based upon probable cause, even if the officer was not present to witness the crash; and
Whereas, In the interest of enhancing pedestrian and bicyclist safety, a violation of Hayley and Diego's Law should be a misdemeanor; now, therefore, be it
      Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and the Governor to sign, legislation that would make a violation of Hayley and Diego's Law a misdemeanor.
 
LS# 960
3/5/2014
JM