senate Bill S2918

2011-2012 Legislative Session

Increases penalties for leaving the scene of an incident without reporting

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2012 referred to transportation
delivered to assembly
passed senate
Apr 25, 2012 advanced to third reading
Apr 19, 2012 2nd report cal.
Apr 18, 2012 1st report cal.546
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Jun 14, 2011 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1210
Jun 13, 2011 committee discharged and committed to rules
Feb 03, 2011 referred to transportation

Votes

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Apr 18, 2012 - Transportation committee Vote

S2918
18
0
committee
18
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Jun 14, 2011 - Rules committee Vote

S2918
18
2
committee
18
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S2918 - Bill Details

See Assembly Version of this Bill:
A3350
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง600, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S3570, A6872

S2918 - Bill Texts

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Increases penalties for leaving the scene of an incident without reporting.

view sponsor memo
BILL NUMBER:S2918

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

SUMMARY OF PROVISIONS:
This bill amends paragraph c of subdivision 2 of Section 600 of the
vehicle and traffic law (VTL) by raising the penalties for leaving
the scene of an incident without stopping and/or reporting.

JUSTIFICATION:
The current penalty for the first offense of leaving the scene of an
incident without reporting where personal injury occurs, under the
VTL, is an "A" misdemeanor with a maximum penalty of one year of
imprisonment. A driver faces charges of an "E" felony only for a
subsequent offense, or if a victim suffers "serious physical injury"
as defined by Section 10.00 of the penal law.

If a driver remains at the scene of an accident where injury occurs
and is intoxicated or impaired by drugs or a combination of drugs and
alcohol, he or she can be charged with an "E" felony. A conviction on
such a charge carries a maximum penalty of four years of
imprisonment. This legislation proposes that all penalties for
leaving the scene of an incident without reporting be increased. By
doing so, the first-time offender causing injury faces charges of an
"E" felony. This will be commensurate with charges faced by a drunk
driver who causes serious physical injury and remains at the scene.

Penalties should not be less severe for a driver who injures others
and leaves the scene, and the law should provide a disincentive for
such behavior. Although the New York State Legislature increased all
penalties under VTL Section 600(2) in amendments that became
effective November 2005, this has had arguably little impact upon
incidences of hit-and-run accidents. within New York City, there were
33 hit-and-run fatalities in 2005 and 28 fatalities in 2006. Within
New York State, there were 171 people killed in fatal collisions
involving hit and runs in 2006. Indeed, many high-profile
hit-and-run accidents resulting in injury or death have been reported
by the media over the past year within the five boroughs. Stronger
action is clearly required, and additional increases are warranted.

Increasing all penalties for leaving the scene under VTL section
600(2) will deter drivers from leaving injured victims on the road,
facilitate police investigation, and permit chemical testing of
drivers by the police in cases where such testing is warranted.

Accordingly, the Mayor urges the earliest possible favorable
consideration of this proposal by the Legislature.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                  2918

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- 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  increasing
  penalties for 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. Paragraph c of 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:
  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] E FELONY, punishable by a fine of  not  less  than
[five  hundred]  ONE  THOUSAND  dollars  nor more than one thousand FIVE
HUNDRED 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] D  felo-
ny,  punishable by a fine of not less than one thousand FIVE HUNDRED nor
more than [two] THREE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05673-01-1

S. 2918                             2

operator to exhibit his or her license and insurance identification card
for such vehicle or exchange the information required in such paragraph,
where the personal injury involved (i) results in serious physical inju-
ry,  as  defined  in  section 10.00 of the penal law, shall constitute a
class [E] D felony, punishable by a fine of not less than  one  thousand
FIVE  HUNDRED  nor more than five thousand FIVE HUNDRED dollars in addi-
tion to any other penalties provided by law, or (ii)  results  in  death
shall  constitute  a class [D] C felony punishable by a fine of not less
than two thousand FIVE HUNDRED nor more than five thousand FIVE  HUNDRED
dollars in addition to any other penalties provided by law.
  S 2. 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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