senate Bill S4060

Includes leaving the scene of an accident within the crimes of aggravated vehicular manslaughter and aggravated vehicular assault when physical injury or death occurs to a person or persons

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Sponsor

Bill Status


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

  • 06 / Mar / 2013
    • REFERRED TO CODES

Summary

Includes leaving the scene of an accident within the crimes of aggravated vehicular manslaughter and aggravated vehicular assault when physical injury or death occurs to a person or persons.

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Bill Details

See Assembly Version of this Bill:
A6388
Versions:
S4060
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง125.14 & 120.04-a, Pen L

Sponsor Memo

BILL NUMBER:S4060

TITLE OF BILL: An act to amend the penal law, in relation to leaving
the scene of a motor vehicle accident that resulted in physical injury
or death of a person or persons

PURPOSE: This bill includes leaving the scene of an accident within
the crimes of aggravated vehicular manslaughter and aggravated
vehicular assault when physical injury or death occurs to a person or
persons.

SUMMARY OF PROVISIONS: This bill adds the act of leaving the scene of
an accident to the list of actions that are prohibited in the crime of
Aggravated Vehicular Homicide.

The second section of this bill adds the act of leaving the scene of
an accident to the list of actions that are prohibited in Aggravated
Vehicular Assault.

JUSTIFICATION: This bill addresses the tragedy that occurred in
Brooklyn, New York, where a young pregnant couple was killed on their
way to the hospital. Although their unborn baby survived the accident,
he died soon thereafter. The driver who caused the fatal accident fled
the scene, leaving law enforcement to scour the City of New York for
him. This bill would make leaving the scene of an accident that caused
the death of a person a Class B felony, subjecting the perpetrator to
up to 25 years in state prison. Additionally, if a perpetrator leaves
the scene of an accident that caused serious physical injury, he would
face up to 15 years in state prison. The severity of these new
penalties sends the message that New Yorkers do not tolerate that
behavior. It also creates the incentive to remain on the scene and
allow law enforcement to conduct their investigation.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: None.

EFFECTIVE DATE: 120 days after it becomes law.

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

                                  4060

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 6, 2013
                               ___________

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

AN ACT to amend the penal law, in relation to leaving  the  scene  of  a
  motor  vehicle accident that resulted in physical injury or death of a
  person or persons

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

  Section  1.  Subdivisions  6 and 7 of section 125.14 of the penal law,
subdivision 6 as amended and subdivision 7 as added by  chapter  496  of
the  laws  of 2009, are amended and a new subdivision 8 is added to read
as follows:
  (6) has previously been convicted of violating any provision  of  this
article or article one hundred twenty of this title involving the opera-
tion  of  a motor vehicle, or was convicted in any other state or juris-
diction of an offense involving the operation of a motor vehicle  which,
if committed in this state, would constitute a violation of this article
or article one hundred twenty of this title; [or]
  (7)  commits  such crime while operating a motor vehicle while a child
who is fifteen years of age or less is a passenger in such motor vehicle
and causes the death of such child[.]; OR
  (8) COMMITS SUCH CRIME AND THEN LEAVES THE SCENE OF  THE  ACCIDENT  IN
THE  MANNER  DEFINED  IN  SUBDIVISION  TWO OF SECTION SIX HUNDRED OF THE
VEHICLE AND TRAFFIC LAW.
  S 2. Subdivisions 5 and 6 of section 120.04-a of the penal law, subdi-
vision 5 as amended and subdivision 6 as added by  chapter  496  of  the
laws  of  2009,  are amended and a new subdivision 7 is added to read as
follows:
  (5) has previously been convicted of violating any provision  of  this
article  or  article one hundred twenty-five of this title involving the
operation of a motor vehicle, or was convicted in  any  other  state  or
jurisdiction  of  an  offense involving the operation of a motor vehicle

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09646-01-3

S. 4060                             2

which, if committed in this state, would constitute a violation of  this
article or article one hundred twenty-five of this title; [or]
  (6)  commits  such crime while operating a motor vehicle while a child
who is fifteen years of age or less is a passenger in such motor vehicle
and causes serious physical injury to such child[.]; OR
  (7) COMMITS SUCH CRIME AND THEN LEAVES THE SCENE OF  THE  ACCIDENT  IN
THE  MANNER  DEFINED  IN  SUBDIVISION  TWO OF SECTION SIX HUNDRED OF THE
VEHICLE AND TRAFFIC LAW.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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