senate Bill S7577A

Relates to leaving the scene of an incident without reporting

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jun / 2012
    • REFERRED TO TRANSPORTATION
  • 13 / Jun / 2012
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 13 / Jun / 2012
    • PRINT NUMBER 7577A
  • 19 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 19 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1317
  • 19 / Jun / 2012
    • PASSED SENATE
  • 19 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2012
    • REFERRED TO TRANSPORTATION

Summary

Enacts "Alix's law"; relates to leaving the scene of an incident without reporting it; also relates to operating a vehicle while under the influences of alcohol or drugs.

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Bill Details

Versions:
S7577
S7577A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง600, V & T L

Sponsor Memo

BILL NUMBER:S7577A

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to leaving the scene
of an incident without reporting

PURPOSE:
This bill amends subdivisions 1 and 2 of Section 600 of the vehicle
and traffic law (VTL) in relation to leaving the scene of an incident
without reporting to include operating a vehicle while under the
influence of alcohol or drugs.

SUMMARY OF PROVISIONS:
Modifies the crime of leaving the scene of an incident without
reporting when a driver is intoxicated by creating a duty to
investigate when a driver knows or has reason to know that he or she
has collided with anything. An intoxicated driver is presumed to know
or have reason to know that he or she has made contact with a person
or property.

EXISTING LAW:
Currently states that a person must knowingly, or have reason to know
that he or she caused personal injury or property damage to be guilty
of leaving scene of an incident without reporting.

JUSTIFICATION:
Too often drunk drivers flee the scene of an accident to avoid being
accountable for their actions. In some cases, they leave seriously
injured or dying victims at the scene of impact. Current law requires
that a prosecutor prove that a drunk driver knowingly or had cause to
know that they caused personal injury or property damage. This law
modifies that statue so that drivers illegally operating their
vehicle under the influence of drugs or alcohol are held responsible
when leaving the scene of an accident.

In a recent Erie County criminal case, 18-year-old Alix Rice, while
riding her longboard, was killed by a drunk driver who fled the scene
of the crime. The defendant argued that he was not aware he had hit a
person and his defense team was successful in getting him acquitted
on the felony charge of leaving the scene of an accident. Meanwhile,
the defendant was convicted of operating a vehicle while under the
influence of alcohol.

Drunk drivers are already in violation of the law when operating a
motor vehicle. Additionally, their perception and awareness are
compromised.
Because of these factors, the burden should not fall on the prosecution
to prove an intoxicated driver's knowledge of causing damage to
property or injuring other people. Instead, an intoxicated driver
should be held fully accountable whenever an accident occurs. This
bill will presume that an intoxicated driver knew or had reason to
know that damage or injury has occurred and should have stopped to
investigate.

LEGISLATIVE HISTORY:


New Bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7577--A

                            I N  S E N A T E

                              June 5, 2012
                               ___________

Introduced  by  Sens. GALLIVAN, GOLDEN, LARKIN, LIBOUS, MAZIARZ, SEWARD,
  STOROBIN -- read twice and ordered printed, and  when  printed  to  be
  committed  to the Committee on Transportation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT to amend the vehicle and traffic law, in relation to leaving the
  scene of an incident without reporting

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Alix's Law".
  S 2. Section 600 of the vehicle and traffic law, as amended by chapter
49 of the laws of 2005, is amended to read as follows:
  S 600. Leaving  scene  of  an  incident without reporting. 1. Property
damage. a. Any person operating a motor vehicle who, knowing  or  having
cause to know that THE MOTOR VEHICLE OPERATED BY SUCH PERSON HAS COME IN
CONTACT  WITH AN OBJECT OTHER THAN THE ROAD WAY, HAS A DUTY TO PERFORM A
REASONABLE AND GOOD FAITH INVESTIGATION OF THE  INCIDENT  AND  IF  AS  A
RESULT  OF  SUCH  INVESTIGATION  SUCH PERSON KNOWS OR HAS REASON TO KNOW
THAT damage has been caused to the real  property  or  to  the  personal
property, not including animals, of another, due to [an incident involv-
ing]  THE  CONTACT  OF  the  motor vehicle operated by such person, SUCH
PERSON shall, before leaving the place where the damage occurred,  stop,
exhibit  his  or  her license and insurance identification card for such
vehicle, when such card is required pursuant to articles six  and  eight
of  this  chapter, and give his or her name, residence, including street
and number, insurance carrier and insurance  identification  information
including  but  not  limited  to  the number and effective dates of said
individual's insurance policy, and license number to the party  sustain-
ing the damage, or in case the person sustaining the damage is not pres-
ent  at  the place where the damage occurred then he or she shall report
the same as soon as physically able to the nearest  police  station,  or
judicial  officer.    A PERSON OPERATING A MOTOR VEHICLE IN VIOLATION OF
SECTION ELEVEN HUNDRED  NINETY-TWO  OF  THIS  CHAPTER,  THAT  CAME  INTO
CONTACT  WITH AN OBJECT OTHER THAN THE ROAD WAY, THAT RESULTED IN DAMAGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16137-03-2

S. 7577--A                          2

TO REAL PROPERTY OR TO THE PERSONAL PROPERTY, NOT INCLUDING  ANIMALS  OF
ANOTHER,  SHALL  BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH
CONTACT AND OF SUCH DAMAGE.
  b.  It shall be the duty of any member of a law enforcement agency who
is at the scene of the accident to request the said operator  or  opera-
tors  of  the  motor  vehicles,  when physically capable of doing so, to
exchange the information required hereinabove and such member of  a  law
enforcement  agency  shall  assist  such operator or operators in making
such exchange of information in a reasonable and harmonious manner.
  A violation of the provisions of paragraph a of this subdivision shall
constitute a traffic infraction punishable  by  a  fine  of  up  to  two
hundred  fifty  dollars  or a sentence of imprisonment for up to fifteen
days or both such fine and imprisonment.
  2. Personal injury. a. Any person operating a motor vehicle who, know-
ing or having cause to know that THE  MOTOR  VEHICLE  OPERATED  BY  SUCH
PERSON HAS COME IN CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, HAS A
DUTY  TO  PERFORM A REASONABLE AND GOOD FAITH INVESTIGATION OF THE INCI-
DENT AND IF AS A RESULT OF SUCH INVESTIGATION SUCH PERSON KNOWS  OR  HAS
REASON  TO  KNOW THAT personal injury has been caused to another person,
due to [an incident involving] THE CONTACT OF the motor vehicle operated
by such person, SUCH PERSON shall, before leaving the  place  where  the
said  personal  injury  occurred,  stop,  exhibit his or her license and
insurance identification card  for  such  vehicle,  when  such  card  is
required  pursuant  to  articles six and eight of this chapter, and give
his or her name, residence, including street and street  number,  insur-
ance  carrier and insurance identification information including but not
limited to the number and effective dates of said individual's insurance
policy and license number, to the injured party, if practical, and  also
to  a  police  officer, or in the event that no police officer is in the
vicinity of the place of said injury, then, he or she shall report  said
incident  as  soon  as  physically able to the nearest police station or
judicial officer.  A PERSON OPERATING A MOTOR VEHICLE  IN  VIOLATION  OF
SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THIS  CHAPTER,  THAT CAME INTO
CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, THAT RESULTED IN  INJURY
TO ANOTHER PERSON, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW
OF SUCH CONTACT AND OF SUCH INJURY.
  b.  It shall be the duty of any member of a law enforcement agency who
is at the scene of the accident to request the said operator  or  opera-
tors  of  the  motor  vehicles,  when physically capable of doing so, to
exchange the information required hereinabove and such member of  a  law
enforcement  agency  shall  assist  such operator or operators in making
such exchange of information in a reasonable and harmonious manner.
  c. A violation of the provisions of paragraph a  of  this  subdivision
resulting  solely  from the failure of an operator to exhibit his or her
license and insurance identification card for the  vehicle  or  exchange
the  information  required  in such paragraph shall constitute a class B
misdemeanor punishable by a fine of not less than two hundred fifty  nor
more  than  five  hundred  dollars  in  addition  to any other penalties
provided by law. Any subsequent such violation shall constitute a  class
A  misdemeanor  punishable  by  a fine of not less than five hundred nor
more than one thousand  dollars  in  addition  to  any  other  penalties
provided  by law. Any violation of the provisions of paragraph a of this
subdivision, other than for the mere failure of an operator  to  exhibit
his or her license and insurance identification card for such vehicle or
exchange  the information required in such paragraph, shall constitute a
class A misdemeanor, punishable by a fine of not less than five  hundred

S. 7577--A                          3

dollars  nor  more  than  one  thousand dollars in addition to any other
penalties provided by law. Any such  violation  committed  by  a  person
after  such  person  has  previously  been convicted of such a violation
shall constitute a class E felony, punishable by a fine of not less than
one thousand nor more than two thousand five hundred dollars in addition
to  any other penalties provided by law. Any violation of the provisions
of paragraph a of this subdivision, other than for the mere  failure  of
an  operator  to exhibit his or her license and insurance identification
card for such vehicle or exchange the information required in such para-
graph, where the personal injury involved (i) results in  serious  phys-
ical injury, as defined in section 10.00 of the penal law, shall consti-
tute  a  class  E  felony,  punishable  by  a  fine of not less than one
thousand nor more than five thousand dollars in addition  to  any  other
penalties  provided  by law, or (ii) results in death shall constitute a
class D felony punishable by a fine of not less than  two  thousand  nor
more  than  five  thousand  dollars  in  addition to any other penalties
provided by law.
  S 3. This act shall take effect immediately.

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