NY State Senate Bill 2011-S2060

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
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2011	referred to transportation

2011-S2060 (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 2009-2010 Legislative Session:: S4261

2011-S2060 (ACTIVE) - Summary

Relates to period of imprisonment for leaving the scene of an incident.

2011-S2060 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2060

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.

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

2011-S2060 (ACTIVE) - Bill Text download pdf

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

                                  2060

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

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,
knowing 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.
                                                           LBD06408-01-1

S. 2060                             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 405 of the laws of 2010, 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, strangulation in  the
second  degree as defined in section 121.12] FELONY 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. 2060                             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 S2060

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2011-S2060 (ACTIVE) - Details

2011-S2060 (ACTIVE) - Summary

2011-S2060 (ACTIVE) - Sponsor Memo

2011-S2060 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2060

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Transportation Committee

2011-S2060 (ACTIVE) - Details

2011-S2060 (ACTIVE) - Summary

2011-S2060 (ACTIVE) - Sponsor Memo

2011-S2060 (ACTIVE) - Bill Text download pdf

Comments