NY State Senate Bill 2009-S4261

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Apr 20, 2009	referred to transportation

2009-S4261 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §600, V & T L; amd §§60.05 & 70.00, Pen L
Versions Introduced in 2011-2012 Legislative Session:: S2060

2009-S4261 (ACTIVE) - Summary

Provides that for a sentence imposed for leaving the scene of an incident without reporting where the accident caused death or serious physical injury, as required in section 600 of the vehicle and traffic law, the minimum period of imprisonment must be for two years.

2009-S4261 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4261

 TITLE OF BILL :
An act to amend the vehicle and traffic law and the penal law, in
relation to the sentence for leaving scene of a vehicular incident
with knowledge that serious physical injury or death is likely to
result therefrom


 PURPOSE OF THE BILL :
To require a mandatory minimum period of imprisonment of two years for
a motorist who having been involved in an accident resulting in death
or serious physical injury, leaves the scene without stopping or
reporting the accident, although he or she had cause to know that
serious physical injury or death was likely.

 SUMMARY OF SPECIFIC PROVISIONS :
This proposal, to be known as the "Kelly McAuliffe bill", will amend
Section 600 of the Vehicle and Traffic Law to raise the grade of the
crime of Leaving the Scene of an Incident Without Reporting where an
injury results in death or serious physical injury from a Class E to a
Class D felony, if the motorist who leaves the scene knows, or has
cause to know, that such result is likely.

The Penal Law is amended to mandate that a person convicted of the new
Class D felony must receive an indeterminate sentence to state prison

and must serve at least two years before being considered for release.
However, where circumstances of the crime or character of the
defendant warrant, the court may impose a definite sentence of
imprisonment of one year or less, unless the defendant is a second or
persistent felony offender or has been convicted of a Class A or a
Class B misdemeanor of "Leaving the Scene" within the preceding five
years.

 JUSTIFICATION :
The need for this bill was brutally demonstrated by the tragic and
senseless death of 14-year-old Kelly McAuliffe of Brooklyn.  While
leaving church on Ash Wednesday in 1985, Kelly was struck by a driver
who had run two red lights. She was carried on the hood of his car for
nearly a block before the driver swerved and her body fell to the
ground. She died almost instantly. For this driver, who fled the scene
and who clearly knew he had seriously injured someone, to receive only
a 14-month prison term is a miscarriage of justice.

This law is necessary to deter and punish the cold blooded, heartless
drivers who run down pedestrians or crash into other vehicles and
drive away without stopping, leaving the victims helplessly injured
and bleeding. It is important that society take stern, forceful
measures to demonstrate a determination that conduct such as this will
not be tolerated.

 PRIOR LEGISLATIVE HISTORY :
2006; A4443 referred to transportation, S.2225 referred to
transportation. 2005; A4443 referred to transportation, S.2225
referred to transportation; 2004; A3261 Referred to transportation,
2001 A00566 referred to transportation S659, 2002 referred to
transportation
None.

 EFFECTIVE DATE :
The first of November next succeeding the date on which it shall have
become a law.

2009-S4261 (ACTIVE) - Bill Text download pdf

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

                                  4261

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 20, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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  and  the  penal  law,  in
  relation  to  the  sentence  for leaving scene of a vehicular incident
  with knowledge that serious physical injury  or  death  is  likely  to
  result therefrom

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

  Section 1. Subdivision 2 of section 600 of  the  vehicle  and  traffic
law, as amended by chapter 49 of the laws of 2005, is amended to read as
follows:
  2. Personal injury. a. Any person operating a motor vehicle who, know-
ing  or  having  cause  to  know that personal injury has been caused to
another person, due to an incident involving the motor vehicle  operated
by  such  person shall, before leaving the place where the said personal
injury occurred, stop, exhibit his or her license  and  insurance  iden-
tification card for such vehicle, when such card is required pursuant to
articles  six and eight of this chapter, and give his or her name, resi-
dence, including street and street number, insurance carrier and  insur-
ance  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 offi-
cer, 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01979-01-9

S. 4261                             2

  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
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
constitute  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 2. Subdivision 5 of section 60.05 of the penal law,  as  amended  by
chapter 738 of the laws of 2004, is amended to read as follows:
  5.  Certain class D felonies. Except as provided in subdivision six of
this section, every person convicted of the class D [felonies of assault
in the second degree as defined in  section  120.05  or]  FELONY  OF  OR
attempt  to commit a class C felony as defined in section 230.30 of this
chapter[,] must be sentenced in accordance with section 70.00  or  85.00
of this title.
  S 3. Paragraph (b) of subdivision 3 of section 70.00 of the penal law,
as  amended  by  chapter  746 of the laws of 2006, is amended to read as
follows:
  (b) [For any other] IN THE CASE OF A felony OTHER THAN A CLASS A FELO-
NY:
  (I) WHERE THE SENTENCE IS FOR A CLASS B  FELONY,  the  minimum  period
shall  be  fixed by the court and specified in the sentence and shall be
not less than one year nor more  than  one-third  of  the  maximum  term
imposed[.]; AND
  (II)  WHERE  THE  SENTENCE IS FOR ANY OTHER FELONY, THE MINIMUM PERIOD
SHALL BE FIXED BY THE COURT AND SPECIFIED IN THE SENTENCE AND  SHALL  BE
NOT  LESS  THAN  ONE  YEAR  NOR  MORE THAN ONE-THIRD OF THE MAXIMUM TERM
IMPOSED.
  S 4. Subdivision 4 of section 70.00 of the penal law,  as  amended  by
chapter 738 of the laws of 2004, is amended to read as follows:
  4. Alternative definite sentence for class [D and] E AND CERTAIN CLASS
D AND C felonies. When a person, other than a second or persistent felo-

S. 4261                             3

ny  offender,  is  sentenced  for  a class D or class E felony, OR FOR A
CLASS C FELONY SPECIFIED IN ARTICLE TWO HUNDRED TWENTY  OR  ARTICLE  TWO
HUNDRED  TWENTY-ONE  OF THIS CHAPTER and the court, having regard to the
nature  and  circumstances of the crime and to the history and character
of the defendant, is of the opinion that a sentence of  imprisonment  is
necessary  but  that it would be unduly harsh to impose an indeterminate
or determinate sentence, the court may impose  a  definite  sentence  of
imprisonment and fix a term of one year or less.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S4261

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2009-S4261 (ACTIVE) - Details

2009-S4261 (ACTIVE) - Summary

2009-S4261 (ACTIVE) - Sponsor Memo

2009-S4261 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4261

Share this bill

Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Transportation Committee

2009-S4261 (ACTIVE) - Details

2009-S4261 (ACTIVE) - Summary

2009-S4261 (ACTIVE) - Sponsor Memo

2009-S4261 (ACTIVE) - Bill Text download pdf

Comments