S T A T E O F N E W Y O R K
________________________________________________________________________
562
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. DIAZ -- 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 inci-
dent without reporting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 600 of the vehicle and traffic law, as amended by
chapter 49 of the laws of 2005, is amended to read as follows:
S 600. Leaving scene of an incident without reporting. 1. Property
damage. a. Any person operating a motor vehicle 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 leav-
ing 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 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.
b. It shall be the duty of any member of a law enforcement agency who
is at the scene of the [accident] INCIDENT to request the said operator
or operators of the motor vehicles, when physically capable of doing so,
to exchange the information required [hereinabove] IN PARAGRAPH A OF
THIS SUBDIVISION and such member of a law enforcement agency shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00498-01-3
S. 562 2
assist such operator or operators in making such exchange of information
in a reasonable and harmonious manner.
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 IDENTIFICATION CARD FOR THE VEHICLE OR EXCHANGE THE INFORMA-
TION REQUIRED IN SUCH PARAGRAPH shall constitute a traffic infraction
punishable by a fine of [up to] NOT LESS THAN two hundred fifty dollars
NOR MORE THAN FIVE HUNDRED DOLLARS or a sentence of imprisonment for up
to fifteen days or both such fine and imprisonment. 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 MISDEMEANOR PUNISHABLE BY
A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN FIFTEEN
HUNDRED DOLLARS AND A SENTENCE OF IMPRISONMENT OF NOT MORE THAN THREE
MONTHS, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
2. Personal injury. a. Any person operating a motor vehicle who, know-
ing or having cause to know that personal 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
injury occurred, stop, exhibit his or her license and insurance iden-
tification card for such vehicle, when such card is required pursuant to
articles six and eight of this chapter, and give his or her name, resi-
dence, including street and street number, insurance carrier and insur-
ance 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 offi-
cer, 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] INCIDENT to request the said operator
or operators of the motor vehicles, when physically capable of doing so,
to exchange the information required [hereinabove] IN PARAGRAPH A OF
THIS SUBDIVISION 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
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]
FIVE HUNDRED nor more than [five hundred] ONE THOUSAND dollars, AND A
SENTENCE OF IMPRISONMENT OF NOT MORE THAN ONE YEAR, in addition to any
other penalties provided by law. Any subsequent [such] violation shall
constitute a [class A misdemeanor] FELONY punishable by a fine of not
less than [five hundred] TWENTY-FIVE HUNDRED nor more than [one thou-
sand] FIVE THOUSAND dollars, AND A SENTENCE OF IMPRISONMENT OF NOT LESS
THAN ONE YEAR, 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] FELONY, punishable by a fine of not less than [five
hundred] ONE THOUSAND dollars nor more than [one thousand] FIVE THOUSAND
dollars in addition to any other penalties provided by law. Any such
S. 562 3
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] TWENTY-FIVE HUNDRED
nor more than [two] FIVE thousand five hundred dollars [in addition to
any other penalties provided by law], AND A SENTENCE OF IMPRISONMENT OF
NOT LESS THAN ONE YEAR, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY
LAW. Any violation of the provisions of paragraph a of this subdivi-
sion, 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 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 FOR
A CLASS D FELONY, or (ii) results in death shall constitute a [class D]
felony punishable by a fine of not less than [two] FIVE thousand nor
more than [five] TEN thousand dollars in addition to any other penalties
provided by law FOR A CLASS C FELONY.
S 2. The vehicle and traffic law is amended by adding a new section
600-a to read as follows:
S 600-A. LEAVING THE SCENE OF AN INCIDENT WITHOUT REPORTING AFTER
CONSUMING AN ALCOHOLIC BEVERAGE OR DRUG; PRESUMPTION. 1. ANY PERSON WHO
VIOLATES PARAGRAPH A OF SUBDIVISION ONE OF SECTION SIX HUNDRED OF THIS
ARTICLE WITHIN FOUR HOURS AFTER CONSUMING AN ALCOHOLIC BEVERAGE OR DRUG
AS DEFINED IN THIS CHAPTER SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE
BY A FINE OF NOT LESS THAN THREE HUNDRED DOLLARS NOR MORE THAN SEVEN
HUNDRED FIFTY DOLLARS AND A SENTENCE OF IMPRISONMENT OF NOT LESS THAN
THIRTY DAYS NOR MORE THAN NINETY DAYS, AND SHALL BE PRESUMED TO HAVE
COMMITTED THE VIOLATION TO AVOID PROSECUTION FOR A VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER.
2. ANY PERSON WHO VIOLATES PARAGRAPH B OF SUBDIVISION TWO OF SECTION
SIX HUNDRED OF THIS ARTICLE WITHIN FOUR HOURS AFTER CONSUMING AN ALCO-
HOLIC BEVERAGE OR DRUG AS DEFINED IN THIS CHAPTER SHALL BE GUILTY OF A
MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS
NOR MORE THAN ONE THOUSAND DOLLARS AND A SENTENCE OF IMPRISONMENT FOR
NOT LESS THAN THREE MONTHS NOR MORE THAN ONE YEAR, AND SHALL BE
PRESUMED TO HAVE COMMITTED THE VIOLATION TO AVOID PROSECUTION FOR A
VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER.
S 3. Section 602 of the vehicle and traffic law, as amended by chapter
843 of the laws of 1980, is amended to read as follows:
S 602. Arrest for violations of sections six hundred, SIX HUNDRED-A
and six hundred one. A peace officer, acting pursuant to his OR HER
special duties, or a police officer may, without a warrant, arrest a
person, in case of violation of section six hundred, SECTION SIX
HUNDRED-A and section six hundred one, which in fact have been commit-
ted, though not in his OR HER presence, when he OR SHE has reasonable
cause to believe that the violation was committed by such person.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.