senate Bill S4030

2013-2014 Legislative Session

Provides that a person who leaves the scene of a motor vehicle accident that caused the death of a person or persons shall be presumed to have had a blood alcohol content of .18

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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
Mar 05, 2013 referred to codes

S4030 - Bill Details

See Assembly Version of this Bill:
A6386
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง125.14 & 120.04-a, Pen L

S4030 - Bill Texts

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Provides that a person who leaves the scene of a motor vehicle accident that caused the death of a person or persons shall be presumed to have had a blood alcohol content of .18 at the time of the accident.

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BILL NUMBER:S4030

TITLE OF BILL: An act to amend the penal law, in relation to leaving
the scene of a motor vehicle accident that caused the death of a
person or persons

PURPOSE: This bill provides that a person who leaves the scene of a
motor vehicle accident that caused the death of a person or persons
shall be presumed to have had a blood alcohol content of .18.

SUMMARY OF PROVISIONS: This bill creates the presumption that, when
the operator of a motor vehicle is involved in an accident that causes
the death of another person, and then flees the scene of such
accident, that driver is presumed to have been intoxicated with a .18
blood alcohol content.

The second section of this bill creates the presumption that, when the
operator of a motor vehicle is involved in an accident that causes
serious physical injury to another person, and then flees the scene of
such accident, that driver is presumed to have been intoxicated with a
.18 blood alcohol content.

JUSTIFICATION:

This bill fixes a loophole in the penal law that actually rewards
drunk drivers who cause an accident and flee the scene until they
sober up. This bill addresses the tragedy that occurred in Brooklyn,
New York, where a young pregnant couple was killed on the way to the
hospital to deliver their baby. The driver who caused the accident
fled the scene and was not apprehended until several days later. This
bill would create a harsh penalty for such fleeing drivers which will
encourage New York State drivers who cause accidents to remain on the
scene and allow for a proper law enforcement investigation.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATION:

None. EFFECTIVE DATE:

120 days after it becomes law.

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

                                  4030

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 5, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to leaving  the  scene  of  a
  motor vehicle accident that caused the death of a person or persons

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

  Section 1. The second undesignated paragraph of section 125.14 of  the
penal  law, as amended by chapter 496 of the laws of 2009, is amended to
read as follows:
  If it is established that the  person  operating  such  motor  vehicle
caused  such death or deaths while unlawfully intoxicated or impaired by
the use of alcohol or a drug, or by the combined influence of  drugs  or
of  alcohol  and  any  drug  or  drugs, then there shall be a rebuttable
presumption that, as a result of such intoxication or impairment by  the
use  of  alcohol  or a drug, or by the combined influence of drugs or of
alcohol and any drug or drugs, such person operated the motor vehicle in
a manner that caused such death or deaths, as required by  this  section
and  section  125.12 of this article. IF THE PERSON OPERATING SUCH MOTOR
VEHICLE LEAVES THE SCENE OF THE ACCIDENT  THAT  RESULTED  IN  THE  DEATH
DESCRIBED  IN  THIS  ARTICLE IN THE MANNER DEFINED IN SUBDIVISION TWO OF
SECTION SIX HUNDRED OF THE VEHICLE AND TRAFFIC LAW, THEN HE  OR  SHE  IS
PRESUMED  TO HAVE BEEN OPERATING THE MOTOR VEHICLE WHILE SUCH PERSON HAS
.18 OF ONE PER CENTUM OR MORE BY WEIGHT  OF  ALCOHOL  IN  SUCH  PERSON'S
BLOOD  AS  SHOWN  BY  CHEMICAL  ANALYSIS OF SUCH PERSON'S BLOOD, BREATH,
URINE OR SALIVA MADE  PURSUANT  TO  THE  PROVISIONS  OF  SECTION  ELEVEN
HUNDRED  NINETY-FOUR OF THE VEHICLE AND TRAFFIC LAW, AT THE TIME OF SUCH
ACCIDENT.
  S 2. The second undesignated paragraph  of  section  120.04-a  of  the
penal  law, as amended by chapter 496 of the laws of 2009, is amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09596-01-3

S. 4030                             2

  If it is established that the  person  operating  such  motor  vehicle
caused such serious physical injury or injuries while unlawfully intoxi-
cated  or  impaired  by the use of alcohol or a drug, or by the combined
influence of drugs or of alcohol and any drug or drugs, then there shall
be  a  rebuttable  presumption that, as a result of such intoxication or
impairment by the use of alcohol or a drug, or by the combined influence
of drugs or of alcohol and any drug or drugs, such person  operated  the
motor  vehicle  in  a manner that caused such serious physical injury or
injuries, as required by this section and section 120.03 of  this  arti-
cle.  IF THE PERSON OPERATING SUCH MOTOR VEHICLE LEAVES THE SCENE OF THE
ACCIDENT THAT RESULTED IN THE INJURIES DESCRIBED IN THIS ARTICLE IN  THE
MANNER  DEFINED IN SUBDIVISION TWO OF SECTION SIX HUNDRED OF THE VEHICLE
AND TRAFFIC LAW, THEN HE OR SHE IS PRESUMED TO HAVE BEEN  OPERATING  THE
MOTOR  VEHICLE  WHILE  SUCH  PERSON HAS .18 OF ONE PER CENTUM OR MORE BY
WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD AS SHOWN BY  CHEMICAL  ANALYSIS
OF  SUCH  PERSON'S  BLOOD,  BREATH, URINE OR SALIVA MADE PURSUANT TO THE
PROVISIONS OF SECTION ELEVEN HUNDRED  NINETY-FOUR  OF  THE  VEHICLE  AND
TRAFFIC LAW, AT THE TIME OF SUCH ACCIDENT.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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