Senate Bill S7590

2011-2012 Legislative Session

Relates to leaving the scene of an incident without reporting after injury was caused to another person

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Archive: Last Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2012	referred to rules

2011-S7590 (ACTIVE) - Details

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

2011-S7590 (ACTIVE) - Summary

Relates to leaving the scene of an incident without reporting after injury was caused to another person.

2011-S7590 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7590

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to leaving the scene
of an incident without reporting after injury was caused to another
person

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her
Advisory Committee on Criminal Law and Procedure.

This measure would amend the Vehicle and Traffic Law to substitute the
term "bodily injury" for "physical injury" in the crime of leaving
the scene of an incident without reporting.

The crime of leaving the scene of an incident without reporting under
VTL §600(2)(a) requires, among other things, that "personal injury" be
caused to another person due to an incident involving a motor vehicle
operated by a defendant. "Personal injury," however, is not defined
in the statute and some courts have looked to the Penal Law for a
definition. Although the Penal Law does not define "personal injury,"
it does provide that "'physical injury'" means impairment of physical
condition or substantial pain" (PL, § 10.00(9)). This definition has
been the subject of considerable analysis, and it is clear that not
all injury rises to the level of "physical injury" (see Matter of

Phillip A., 49 NY2d 198 (1980) (injury from a petty slap in the face,
or a moderate shove or kick, without more, is insufficient); People v
McDowell, 28 NY2d 373 (1971) (black eye without more is
insufficient); People v Jimenez, 55 NY2d 895 (1982) (one centimeter
cut without some indication of substantial pain insufficient)).
Consequently, to the extent that courts consider the term "personal
injury" under the Vehicle and Traffic Law to mean "physical injury,"
prosecutors must demonstrate more than that simple bodily injury
occurred to a person as a result
of a motor vehicle incident to support a prosecution for leaving the
scene of an incident without reporting.

At least one court, however, has rejected any effort to substitute the
Penal Law definition of "physical injury" for the term "personal
injury" in VTL crimes (see e.g., People v Bogomolsky, 14 Misc 3d
26 (App Term, 2d Dept 2006)). In Bogomolsky, the court distinguished
the two terms and suggested that "personal injury" is a lesser
standard than "physical injury," but cited to no case or statute
that would provide a more clear definition.

We believe that the duty of a citizen to stop and provide identifying
information when involved in a motor vehicle accident should not
hinge on the degree of injury a person has suffered as a result of
the accident. If a driver knows or has reason to know that any level
of injury has occurred as a result of a motor vehicle accident, the

duty to provide information seems manifest and significant. The
statute should make that plain. This measure substitutes the term
"bodily injury" for "personal injury" in order to clarify that any
injury is adequate to trigger a duty to stop and identify. The term
"bodily injury" is frequently used in civil cases and we believe its
use is less likely to confuse courts and parties.

This measure, which would have no meaningful fiscal impact on the
State, would take effect immediately.

LEGISLATIVE HISTORY:
 None. New proposal.

2011-S7590 (ACTIVE) - Bill Text download pdf

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

                                  7590

                            I N  S E N A T E

                              June 5, 2012
                               ___________

Introduced  by  Sen.  FUSCHILLO  --  (at  request of the Office of Court
  Administration) -- read twice and ordered printed, and when printed to
  be committed to the Committee on Rules

AN ACT to amend the vehicle and traffic law, in relation to leaving  the
  scene  of  an  incident  without  reporting after injury was caused to
  another person

  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] BODILY injury.  a. Any person operating a motor  vehicle
who,  knowing  or having cause to know that [personal] BODILY 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] BODILY 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,
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 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.
  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

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

                                                           LBD14171-01-2

S. 7590                             2

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] BODILY injury involved (i) results in seri-
ous physical 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. This act shall take effect immediately.

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Senate Bill S7590

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2011-S7590 (ACTIVE) - Details

2011-S7590 (ACTIVE) - Summary

2011-S7590 (ACTIVE) - Sponsor Memo

2011-S7590 (ACTIVE) - Bill Text download pdf

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Sponsored By

Charles J. Fuschillo Jr.

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2011-S7590 (ACTIVE) - Details

2011-S7590 (ACTIVE) - Summary

2011-S7590 (ACTIVE) - Sponsor Memo

2011-S7590 (ACTIVE) - Bill Text download pdf

Comments