senate Bill S2503

2013-2014 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 07, 2014 referred to transportation
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.407
Jan 08, 2014 referred to transportation
returned to senate
died in assembly
Feb 12, 2013 referred to transportation
Feb 11, 2013 delivered to assembly
passed senate
Feb 05, 2013 advanced to third reading
Feb 04, 2013 2nd report cal.
Jan 29, 2013 1st report cal.23
Jan 18, 2013 referred to transportation

Votes

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Apr 29, 2014 - Transportation committee Vote

S2503
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Jan 29, 2013 - Transportation committee Vote

S2503
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Co-Sponsors

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S2503 - Bill Details

See Assembly Version of this Bill:
A1533
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง600, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2918, A3350
2009-2010: S3570, A6872

S2503 - Bill Texts

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

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BILL NUMBER:S2503

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

PURPOSE: The purpose of this bill is to strengthen penalties for
motorists who leave the scene of an accident where injury occurs and
where it is culprit's first offense of this kind.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 600(c)(2) of the Vehicle and
Traffic Law concerning leaving the scene of an accident without
reporting. The penalty for leaving the scene of an accident without
reporting where there is property damage is increased from an "A"
misdemeanor to a "E" felony. The minimum and maximum fines that may be
imposed are also increased to $1,000 and $1,500, respectively. The
penalty for repeat offenders is increased from an "E" felony to a "D"
felony. The minimum and maximum fines that may be imposed are also
increased to $1,500 and $3,000, respectively. The penalty for leaving
the scene of an accident when the accident resulted in serious bodily
injury is increased from an "E" felony to a "D" felony. The minimum
and maximum fines that may be imposed are also increased to $1,500 and
$5,500, respectively. The penalty for leaving the scene of an accident
when the accident resulted in death is increased from an "D" felony to
a "C" felony. The minimum and maximum fines that may be imposed are
also increased to $2,500 and $5,500, respectively.

EXISTING LAW: 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.

JUSTIFICATION: 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 "D" felony. A
conviction on such a charge carries a maximum penalty of.up to 7 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
"D" felony. This will be commensurate with charges faced by a drunk
driver who causes serious physical injury and remains at the scene.
Likewise an offender who leaves the scene of an accident resulting in
death will face a "C" felony which will be commensurate with charges
faced by a drunk driver of an accident resulting in death and remains
at the scene resulting in a sentence of up to 15 years of
imprisonment.

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 with- in 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)(c) 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.

LEGISLATIVE HISTORY: S.2918 of 2011- Passed Senate 05/21/12

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

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
________________________________________________________________________

                                  2503

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 18, 2013
                               ___________

Introduced by Sens. GOLDEN, FUSCHILLO, BOYLE, FLANAGAN, LAVALLE, MARCEL-
  LINO,  MARTINS,  ZELDIN  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04336-01-3

S. 2503                             2

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,
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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