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.