senate Bill S2719

2013-2014 Legislative Session

Increases penalties and requires imprisonment for leaving the scene of an incident without reporting

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2013 referred to transportation

S2719 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง600, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3620
2009-2010: S555

S2719 - Bill Texts

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Increases penalties and requires imprisonment for leaving the scene of an accident without reporting.

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BILL NUMBER:S2719

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation
to increasing penalties and requiring imprisonment for leaving the scene
of an accident

PURPOSE: The purpose of the bill is to increase penalties fox leaving
the scene of an incident without reporting it.

SUMMARY OF PROVISIONS: Would require any person operating a motor vehi-
cle 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 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, and give his or her name and resi-
dence, 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. Violation of
provisions shall constitute a traffic infraction class A misdemeanor
punishable by a fine of not less than five hundred dollars nor more than
one thousand dollars and a sentence of imprisonment not less than one
year pursuant to subdivision three of section 70.00 of the penal law, in
addition to any other penalties provided by law.

EXISTING LAW: 2010: S.555 - Held in Transportation 2011: S.3620 -
Referred to Transportation 2012: S.3620 - Referred to Transportation

JUSTIFICATION: Patrol officers respond continuously to calls of vehicle
hit and runs both involving property damage and personal injury. In
cases involving property damage there is no real repercussion to the
offender who has fled the scene and the complaint report is documented
as closed and only documented for insurance purposes. Such law and
departmental policy leaves virtually more incentive to flee the scene
rather than report for someone who has struck a parked vehicle or other
property causing extensive damage or an occupied vehicle with potential
personal injury for they will only be summoned if apprehended. This law
will make leaving the scene of an accident without reporting it a crime
and punishable by fine and imprisonment, hopefully a deterrent to this
type of behavior.

PRIOR LEGISLATIVE HISTORY:

S.6729 2008 To Committee on Transportation 01/14/08

FISCAL IMPLICATIONS: None.

LOCAL 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
________________________________________________________________________

                                  2719

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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 and requiring imprisonment for leaving the scene of an acci-
  dent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 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:
  1. Property damage. a. Any person operating a motor vehicle who, know-
ing  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
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.
  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.
                                                           LBD05572-01-3

S. 2719                             2

  A violation of the provisions of paragraph a of this subdivision shall
constitute a [traffic infraction] CLASS A MISDEMEANOR  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] NOT LESS THAN
FIVE  HUNDRED  DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS AND A SENTENCE
OF IMPRISONMENT OF NOT LESS THAN ONE YEAR PURSUANT TO SUBDIVISION  THREE
OF  SECTION  70.00  OF THE PENAL LAW, IN ADDITION TO ANY OTHER PENALTIES
PROVIDED BY LAW.
  S 2.   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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