senate Bill S7577A

2011-2012 Legislative Session

Relates to 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
Jun 19, 2012 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1317
committee discharged and committed to rules
Jun 13, 2012 print number 7577a
amend and recommit to transportation
Jun 05, 2012 referred to transportation

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S7577 - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §600, V & T L

S7577 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S7577

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:
Adds operating a vehicle element of the crime of reporting.

under the influence of alcohol or drugs as an leaving scene of an
incident without

EXISTING LAW:
Currently states that a person must knowingly or have cause to know
that they 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 accountable
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
an accident. Instead the intoxicated driver should be held fully
accountable whenever an accident occurs.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
Immediate.

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

                                  7577

                            I N  S E N A T E

                              June 5, 2012
                               ___________

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. 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 damage has been caused to the real property or to the
personal property, not including animals, of another, due to an incident
involving the motor vehicle operated by such person OR IS OPERATING SUCH
VEHICLE  WHILE  UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AS DEFINED UNDER
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, 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 sustaining the damage, or in
case the person sustaining the damage is not present 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16137-01-2

S. 7577                             2

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 personal injury has been caused to
another person, due to an incident involving the motor vehicle  operated
by such person OR IS OPERATING SUCH VEHICLE WHILE UNDER THE INFLUENCE OF
ALCOHOL  OR  DRUGS AS DEFINED UNDER SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS CHAPTER, 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.
  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 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 2. This act shall take effect immediately.

Co-Sponsors

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S7577A (ACTIVE) - Bill Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §600, V & T L

S7577A (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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