senate Bill S4188

2013-2014 Legislative Session

Increases the penalty 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 20, 2014 referred to transportation
delivered to assembly
passed senate
Mar 27, 2014 advanced to third reading
Mar 26, 2014 2nd report cal.
Mar 25, 2014 1st report cal.350
Jan 08, 2014 referred to transportation
returned to senate
died in assembly
Jun 11, 2013 referred to transportation
delivered to assembly
passed senate
Jun 10, 2013 ordered to third reading cal.1192
committee discharged and committed to rules
Mar 13, 2013 referred to transportation

Votes

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Mar 25, 2014 - Transportation committee Vote

S4188
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Jun 10, 2013 - Rules committee Vote

S4188
24
1
committee
24
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S4188 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง600, V & T L

S4188 - Bill Texts

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

view sponsor memo
BILL NUMBER:S4188

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to leaving the scene of an incident without reporting

PURPOSE:

To increase the penalty for leaving the scene of an incident without
reporting when there is serious physical injury or death

SUMMARY OF PROVISIONS:

Section 1: amends paragraph c of subdivision 2 of section 600 of the
vehicle and traffic law, as amended by chapter 49 of the laws of 2005
by elevating the penalty from a class E felony to a class D felony
when there is serious physical injury, and by elevating the penalty
from a class D felony to a class C felony when there is a death.

Section 2: effective date; this act shall take effect on the one
hundred twentieth day after it shall have become a law.

JUSTIFICATION:

Leaving the scene of an incident involving serious physical injury or
death is now a pervasive problem on our roadways. Most often, the
drivers who "hit and run" in these instances are actually under the
influence of alcohol and/or drugs. By fleeing, alcohol and/or drugs
cannot be readily detected as they would be if the driver remained at
the scene. Thus, these drivers successfully avoid being arrested for
the more serious crimes of Aggravated Vehicular Homicide or Vehicular
Manslaughter which have a maximum jail sentence of 25 years or 15
years, respectively.

Currently, leaving the scene crimes are punishable by a maximum of
four years when there is serious physical injury (class E felony) or a
maximum of 7 years when a death occurs (class D felony).

Changing the classification of felony for each crime would result in
an increase in penalty. Exposure to more jail time is always a step in
the right direction to deter the commission of crimes. Elevating the
felony class for each of these offenses by one level as proposed in
the bill, would make the punishment more commensurate with the crimes.
The Suffolk County District Attorney has been calling for an, increase
in penalties for these types of crimes. Serious physical injury and
death are reason enough for increased jail time. We must give District
Attorneys the tools they need to help get these violators off our
roads for a longer time, and to help deter future crimes of this
nature.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This bill shall take effect on the one hundred twentieth day after it
shall have become a law.

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

                                  4188

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 13, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- 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 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08599-01-3

S. 4188                             2

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 consti-
tute  a  class  [E]  D 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] C 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 on the one hundred twentieth day after
it shall have become a law.

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