NY State Senate Bill S1108

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

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2016	referred to transportation delivered to assembly passed senate
May 23, 2016	advanced to third reading
May 18, 2016	2nd report cal.
May 17, 2016	1st report cal.895
Jan 06, 2016	referred to transportation returned to senate died in assembly
Jun 08, 2015	referred to transportation delivered to assembly passed senate
Jun 02, 2015	advanced to third reading
Jun 01, 2015	2nd report cal.
May 28, 2015	1st report cal.1018
Jan 08, 2015	referred to transportation

Votes

view votes

May 25, 2016 - floor Vote

S1108

floor

Aye

Nay

Absent

Excused

Abstained

May 17, 2016 - Transportation committee Vote

S1108

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 8, 2015 - floor Vote

S1108

floor

Aye

Nay

Absent

Excused

Abstained

May 28, 2015 - Transportation committee Vote

S1108

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S1108 (ACTIVE) - Details

See Assembly Version of this Bill:: A1879
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §600, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3570, A6872
2011-2012: S2918, A3350
2013-2014: S2503, A1533
2017-2018: S882, A3230
2019-2020: S4715, A3252

S1108 (ACTIVE) - Summary

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

S1108 (ACTIVE) - Sponsor Memo

BILL NUMBER:S1108

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:

This bill strengthens the penalties that may be imposed upon motorists
who leave the scene of an accident where an injury occurs.

SUMMARY OF PROVISIONS:

Section one of this bill amends paragraph c of subdivision 2 of
section 600 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
when there is property damage is increased from an "A" misdemeanor to
an "E" felony. The minimum and maximum fines that may be imposed are
also increased by $500 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 by $500 to $1,500 and $3,000, respectively.

The penalty for leaving the scene of an accident without reporting
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 by $500 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 a "ID" felony to a "C" felony.
The minimum and maximum fines that may be imposed are also increased
by $500 to $2,500 and $5,500, respectively.

Section 2 of this bill provides that this act shall take effect on the
first of November next succeeding the date on which it shall have
become a law.

EXISTING LAW:

Currently, the Vehicle and Traffic Law provide penalties for motorists
who leave the scene of an accident without reporting. These penalties
range from an "A" misdemeanor with a maximum fine of $1,000 when the
accident resulted in property damage to a "D" felony with a maximum
fine of $5,000 when the accident resulted in a death.

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 "D" felony charges. 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 of the accident, and the law should provide a
disincentive for such behavior. Although the New York State
Legislature increased all penalties under Vehicle and Traffic Law
section 600(2) in amendments that became effective in November 2005,
these changes have had arguably little impact upon incidences of
hit-and-run accidents. Within New York City, there were 2,236 hit and
run accidents in October 2014. Indeed, many high-profile hit-and-run
accidents resulting in injury or death have been reported by the media
over the past year within the five boroughs. Every year, hit and run
accidents are a large problem for the entire state of New York.
Stronger action is clearly required, and additional increases are
warranted.

Increasing all penalties for leaving the scene under Vehicle and
Traffic Law 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:

2014: S.2503 Passed the Senate
2013: S.2503 Passed the Senate
2012: S.2918 Passed the Senate
2011: S.2918 Passed the Senate
2010: S.3570 Referred to Transportation
2009: S.3570 - Referred to Transportation

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S1108 (ACTIVE) - Bill Text download pdf

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

                                  1108

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- 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
paragraph  a  of this subdivision, other than for the mere failure of an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04568-01-5

S. 1108                             2

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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The New York State Senate

senate Bill S1108

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Archive: Last Bill Status - Passed Senate

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Votes

May 25, 2016 - floor Vote

Floor Vote: May 25, 2016

May 17, 2016 - Transportation committee Vote

Transportation Committee Vote: May 17, 2016

Jun 8, 2015 - floor Vote

Floor Vote: Jun 8, 2015

May 28, 2015 - Transportation committee Vote

Transportation Committee Vote: May 28, 2015

Co-Sponsors

S1108 (ACTIVE) - Details

S1108 (ACTIVE) - Summary

S1108 (ACTIVE) - Sponsor Memo

S1108 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1108

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Archive: Last Bill Status - Passed Senate

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Votes

May 25, 2016 - floor Vote

Floor Vote: May 25, 2016

May 17, 2016 - Transportation committee Vote

Transportation Committee Vote: May 17, 2016

Jun 8, 2015 - floor Vote

Floor Vote: Jun 8, 2015

May 28, 2015 - Transportation committee Vote

Transportation Committee Vote: May 28, 2015

Co-Sponsors

S1108 (ACTIVE) - Details

S1108 (ACTIVE) - Summary

S1108 (ACTIVE) - Sponsor Memo

S1108 (ACTIVE) - Bill Text download pdf

Comments