senate Bill S1698

Amended

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

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 13 / Mar / 2013
    • AMEND AND RECOMMIT TO TRANSPORTATION
  • 13 / Mar / 2013
    • PRINT NUMBER 1698A
  • 19 / Mar / 2013
    • 1ST REPORT CAL.247
  • 20 / Mar / 2013
    • 2ND REPORT CAL.
  • 21 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 25 / Mar / 2013
    • PASSED SENATE
  • 25 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 25 / Mar / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 06 / May / 2014
    • 1ST REPORT CAL.510
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 19 / May / 2014
    • PASSED SENATE
  • 19 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / May / 2014
    • REFERRED TO TRANSPORTATION

Summary

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

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Bill Details

See Assembly Version of this Bill:
A2550
Versions:
S1698
S1698A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง600, V & T L
Versions Introduced in 2011-2012 Legislative Cycle:
A10754, S7866, A10754A

Sponsor Memo

BILL NUMBER:S1698

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 the 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.

EFFECTIVE DATE: Immediately.


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

                                  1698

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05649-01-3

S. 1698                             2

CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, THAT RESULTED IN  DAMAGE
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, UNLESS SUCH PERSON SHOWS THAT THEY WOULD NOT
HAVE  KNOWN  OR  HAVE  CAUSE  TO KNOW OF SUCH CONTACT AND OF SUCH INJURY
REGARDLESS OF INTOXICATION OR IMPAIRMENT BY THE  USE  OF  ALCOHOL  OR  A
DRUG,  OR  BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG
OR DRUGS.
  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, UNLESS SUCH PERSON SHOWS  THAT  THEY
WOULD  NOT  HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH CONTACT AND OF SUCH
INJURY REGARDLESS OF INTOXICATION OR IMPAIRMENT BY THE USE OF ALCOHOL OR
A DRUG, OR BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG
OR DRUGS.
  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

S. 1698                             3

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
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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