NY State Senate Bill 2015-S3136

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation
Feb 02, 2015	referred to transportation

co-Sponsors

2015-S3136 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §600, add §600-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5527
2017-2018: S417

2015-S3136 (ACTIVE) - Summary

Relates to aggravated leaving the scene of an incident without reporting it; also relates to operating a vehicle while under the influence of alcohol or drugs.

2015-S3136 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3136

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

PURPOSE OR GENERAL IDEA OF BILL:

This bill increases the penalties for
leaving the scene of an incident without reporting, establishes a
duty to investigate when a driver knows or has reason to know that he
or she has collided with a person or property, and establishes the
new crime of aggravated leaving the scene of an accident without
reporting.

SUMMARY OF PROVISIONS:

Section One of the bill amends the vehicle and traffic law to
establish a duty on the part of any driver who knows, or has reason
to know, that he collided with a person or property, to get out of
their vehicle and investigate the incident. Section One also
increases the penalties for leaving the scene of an incident as
follows: (i) property damage is increased from an A misdemeanor to an
E felony; (ii) serious personal injury is increased from an E felony
to a D felony; (iii) death is increased from a D felony to a C felony.

Section Two of the bill amends the vehicle and traffic law by adding a
new section 600-a, which establishes the crime of aggravated leaving
the scene of an incident without reporting. An individual would be
charged with this aggravated crime if they left the scene of an
incident, and certain aggravating factors exist. The aggravating
factors include a prior conviction of any of the following, within
the past ten years: reckless driving, leaving the scene of an
incident, any violent felony as defined by section 70.02 of the penal
law, DWI, vehicular assault, criminally negligent homicide, vehicular
manslaughter, vehicular homicide, manslaughter, or murder. Having a
suspended or revoked license for a DWI or a failure to submit to a
chemical test is also an aggravating factor.
Aggravated leaving the scene of an incident resulting in property
damage is categorized as a class D felony. Aggravated leaving the
scene of an incident resulting in serious personal injury is
categorized as a class D felony. Aggravated leaving the scene of an
incident resulting in death is categorized as a C felony.

Section Three is the effective date.

JUSTIFICATION:

New York state is experiencing an epidemic of incidents of drivers
leaving the scene of motor vehicle accidents. In Suffolk County
alone, there were 13 fatalities attributed to an individual leaving
the scene of an incident without reporting in the year 2012. This
crime is particularly egregious in light of the fact that a severely
injured person's chance of survival is greatly diminished when
medical care is delayed.


The current penalties for leaving the scene of an incident are very
lenient, and could serve to entice a drunk driver to flee, rather
than call for help. Current law provides that a drunk driver who
causes the serious injury of another person is guilty of a D felony
and that a drunk driver who causes the death of another is guilty of
a C felony. However, leaving the scene of an incident resulting in a
serious injury is only an E felony and leaving the scene of an
incident resulting in death is only a D felony. Penalties should not
be less severe for a driver who injures others and leaves the scene,
and the law should provide a disincentive for such behavior.

Further, penalties should be more severe for people who leave the
scene of an incident on multiple occasions, or those who have prior
convictions that tend to show a disregard for the rules of the road
and more importantly, for human life. By increasing the criminal
penalties

LEGISLATIVE HISTORY:

S.5527 of 2013/14: Referred to Transportation

FISCAL IMPLICATIONS:

No cost to the state.

EFFECTIVE DATE:

This act shall take effect immediately. Provided
however, section two of this act shall only apply when the underlying
conviction occurred on or after the effective date of this act.

2015-S3136 (ACTIVE) - Bill Text download pdf

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

                                  3136

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- 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.  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 THE MOTOR VEHICLE OPERATED BY SUCH PERSON HAS COME IN
CONTACT WITH A PERSON, REAL PROPERTY OR PERSONAL PROPERTY, HAS A DUTY TO
PERFORM A REASONABLE AND GOOD FAITH INVESTIGATION OF THE INCIDENT AND IF
AS  A  RESULT  OF  SUCH INVESTIGATION SUCH PERSON KNOWS OR HAS REASON 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 involv-
ing] THE CONTACT OF the motor vehicle  operated  by  such  person,  SUCH
PERSON  shall, before leaving 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 sustain-
ing the damage, or in case the person sustaining the damage is not pres-
ent 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.  A PERSON OPERATING A MOTOR VEHICLE  IN  VIOLATION  OF
SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THIS  CHAPTER,  THAT CAME INTO
CONTACT WITH  A  PERSON,  REAL  PROPERTY,  OR  PERSONAL  PROPERTY,  THAT
RESULTED  IN  DAMAGE  TO  REAL PROPERTY OR TO THE PERSONAL PROPERTY, NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02367-01-5

S. 3136                             2

INCLUDING ANIMALS OF ANOTHER, SHALL BE PRESUMED TO HAVE  KNOWN  OR  HAVE
CAUSE  TO  KNOW  OF  SUCH CONTACT AND OF SUCH DAMAGE, UNLESS SUCH PERSON
SHOWS THAT THEY WOULD NOT HAVE KNOWN OR  HAVE  CAUSE  TO  KNOW  OF  SUCH
CONTACT  AND  OF SUCH INJURY REGARDLESS OF 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.
  b.  It shall be the duty of any member of a law enforcement agency who
is at the scene of the accident to request the said operator  or  opera-
tors  of  the  motor  vehicles,  when physically capable of doing so, to
exchange the information required hereinabove 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.
  A violation of the provisions of paragraph a of this subdivision shall
constitute a traffic infraction punishable  by  a  fine  of  up  to  two
hundred  fifty  dollars  or a sentence of imprisonment for up to fifteen
days or both such fine and imprisonment.
  2. Personal injury. a. Any person operating a motor vehicle who, know-
ing or having cause to know that THE  MOTOR  VEHICLE  OPERATED  BY  SUCH
PERSON  HAS  COME  IN  CONTACT  WITH A PERSON, REAL PROPERTY OR PERSONAL
PROPERTY, HAS A DUTY TO PERFORM A REASONABLE  AND  GOOD  FAITH  INVESTI-
GATION  OF  THE  INCIDENT  AND IF AS A RESULT OF SUCH INVESTIGATION SUCH
PERSON KNOWS OR HAS REASON TO KNOW THAT personal injury has been  caused
to  another  person,  due  to [an incident involving] THE CONTACT OF the
motor vehicle operated by such person, SUCH PERSON shall, before leaving
the place where the said personal injury 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  chap-
ter,  and  give  his or her name, residence, including street and street
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 injured  party,
if  practical,  and  also  to  a police officer, 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.  A PERSON OPERATING A  MOTOR
VEHICLE  IN VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAP-
TER, THAT CAME INTO CONTACT WITH A PERSON, REAL  PROPERTY,  OR  PERSONAL
PROPERTY,  THAT  RESULTED IN INJURY TO ANOTHER PERSON, SHALL BE PRESUMED
TO HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH CONTACT AND OF SUCH  INJURY,
UNLESS SUCH PERSON SHOWS THAT THEY WOULD NOT HAVE KNOWN OR HAVE CAUSE TO
KNOW  OF  SUCH  CONTACT AND OF SUCH INJURY REGARDLESS OF 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.
  b. It shall be the duty of any member of a law enforcement agency  who
is  at  the scene of the accident to request the said operator or opera-
tors of the motor vehicles, when physically  capable  of  doing  so,  to
exchange  the  information required hereinabove 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 nor
more than five hundred  dollars  in  addition  to  any  other  penalties
provided  by law. Any subsequent such violation shall constitute a class

S. 3136                             3

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  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 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]  D  felony,
punishable by a fine of not less than one thousand FIVE HUNDRED nor more
than  five thousand FIVE HUNDRED dollars in addition to any other penal-
ties 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 FIVE HUNDRED dollars in addition to any other penal-
ties provided by law.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
600-a to read as follows:
  S  600-A.  AGGRAVATED LEAVING THE SCENE OF AN INCIDENT WITHOUT REPORT-
ING. A PERSON IS GUILTY OF AGGRAVATED LEAVING THE SCENE OF  AN  INCIDENT
WITHOUT REPORTING WHEN HE OR SHE LEAVES THE SCENE OF AN INCIDENT WITHOUT
REPORTING, AS DEFINED BY SECTION SIX HUNDRED OF THIS ARTICLE, AND:
  1.  HAS  PREVIOUSLY BEEN CONVICTED OF LEAVING THE SCENE OF AN INCIDENT
WITHOUT REPORTING, AS DEFINED BY SECTION SIX HUNDRED OF THIS ARTICLE; OR
  2. HAS PREVIOUSLY BEEN  CONVICTED  OF  A  VIOLENT  FELONY  OFFENSE  AS
DEFINED BY SECTION 70.02 OF THE PENAL LAW WITHIN THE PAST TEN YEARS; OR
  3. HAS PREVIOUSLY BEEN CONVICTED OF VIOLATING SECTIONS 120.03 (VEHICU-
LAR  ASSAULT  IN  THE  SECOND  DEGREE), 120.04 (VEHICULAR ASSAULT IN THE
FIRST  DEGREE),  OR  120.04-A  (AGGRAVATED  VEHICULAR  ASSAULT),  125.10
(CRIMINALLY NEGLIGENT HOMICIDE), 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT
HOMICIDE),  125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE), 125.13
(VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE), 125.14 (AGGRAVATED VEHICU-
LAR HOMICIDE),  125.15  (MANSLAUGHTER  IN  THE  SECOND  DEGREE),  125.20
(MANSLAUGHTER  IN  THE FIRST DEGREE), 125.21 (AGGRAVATED MANSLAUGHTER IN
THE  SECOND  DEGREE),  125.22  (AGGRAVATED  MANSLAUGHTER  IN  THE  FIRST
DEGREE),  125.25  (MURDER  IN  THE  SECOND  DEGREE),  125.26 (AGGRAVATED
MURDER), 125.27 (MURDER IN THE FIRST DEGREE) OF THE PENAL LAW WITHIN THE
PAST TEN YEARS;
  4. HAS PREVIOUSLY BEEN CONVICTED OF VIOLATING SECTION ONE THOUSAND TWO
HUNDRED TWELVE OF THIS CHAPTER, WITHIN THE PAST TEN YEARS; OR
  5. KNOWS OR HAS REASON TO KNOW THAT HIS OR HER LICENSE OR HIS  OR  HER
PRIVILEGE  TO  OPERATE  A  MOTOR  VEHICLE IN ANOTHER STATE OR HIS OR HER
PRIVILEGE OF OBTAINING A LICENSE TO OPERATE A MOTOR VEHICLE  IN  ANOTHER
STATE  IS  SUSPENDED  OR  REVOKED  BASED UPON A CONVICTION IN SUCH OTHER
STATE FOR AN OFFENSE WHICH WOULD, IF COMMITTED IN THIS STATE, CONSTITUTE
A VIOLATION OF ANY OF THE PROVISIONS OF SECTION ONE THOUSAND ONE HUNDRED
NINETY-TWO OF THIS CHAPTER; OR

S. 3136                             4

  6. KNOWS OR HAS REASON TO KNOW THAT HIS OR HER LICENSE OR HIS  OR  HER
PRIVILEGE OF OPERATING A MOTOR VEHICLE IN THIS STATE OR HIS OR HER PRIV-
ILEGE  OF OBTAINING A LICENSE ISSUED BY THE COMMISSIONER IS SUSPENDED OR
REVOKED AND SUCH SUSPENSION OR REVOCATION IS BASED UPON EITHER A REFUSAL
TO  SUBMIT  TO  A  CHEMICAL  TEST  PURSUANT  TO SECTION ONE THOUSAND ONE
HUNDRED NINETY-FOUR OF THIS  CHAPTER,  OR  FOLLOWING  A  CONVICTION  FOR
VIOLATION  OF  ANY OF THE PROVISIONS OF SECTION ONE THOUSAND ONE HUNDRED
NINETY-TWO OF THIS CHAPTER; OR
  7. HAS PREVIOUSLY BEEN CONVICTED OF VIOLATING ANY OF THE PROVISIONS OF
SECTION ONE THOUSAND ONE HUNDRED NINETY-TWO OF THIS CHAPTER  WITHIN  THE
PAST  TEN  YEARS, PROVIDED THAT, FOR THE PURPOSES OF THIS SUBDIVISION, A
CONVICTION IN ANY OTHER STATE OR JURISDICTION FOR AN OFFENSE  WHICH,  IF
COMMITTED  IN  THIS  STATE,  WOULD CONSTITUTE A VIOLATION OF SECTION ONE
THOUSAND ONE HUNDRED NINETY-TWO OF THIS CHAPTER, SHALL BE TREATED AS  IF
THE VIOLATION OCCURRED IN THIS STATE.
  A  VIOLATION  OF  THIS  SECTION,  RESULTING  IN PROPERTY DAMAGE, SHALL
CONSTITUTE A CLASS D FELONY, PUNISHABLE BY A FINE OF NOT LESS  THAN  ONE
THOUSAND  FIVE HUNDRED DOLLARS, NOR MORE THAN FIVE THOUSAND FIVE HUNDRED
DOLLARS, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
  A VIOLATION OF THIS SECTION, RESULTING IN SERIOUS PHYSICAL INJURY,  AS
DEFINED  BY  SECTION  10.00 OF THE PENAL LAW, SHALL CONSTITUTE A CLASS C
FELONY, PUNISHABLE BY A FINE OF NOT LESS THAN TWO THOUSAND FIVE  HUNDRED
DOLLARS,  NOR  MORE THAN FIVE THOUSAND FIVE HUNDRED DOLLARS, IN ADDITION
TO ANY OTHER PENALTIES PROVIDED BY LAW.
  A VIOLATION OF THIS SECTION, RESULTING IN DEATH,  SHALL  CONSTITUTE  A
CLASS  B  FELONY,  PUNISHABLE  BY A FINE OF NOT LESS THAN THREE THOUSAND
FIVE HUNDRED DOLLARS, NOR MORE THAN FIVE THOUSAND FIVE HUNDRED  DOLLARS,
IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
  S  3.  This  act  shall  take  effect immediately.   Provided however,
section two of this act shall only apply when the underlying  conviction
occurred on or after the effective date of this act.

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Senate Bill S3136

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

2015-S3136 (ACTIVE) - Details

2015-S3136 (ACTIVE) - Summary

2015-S3136 (ACTIVE) - Sponsor Memo

2015-S3136 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3136

Share this bill

Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Rich Funke

2015-S3136 (ACTIVE) - Details

2015-S3136 (ACTIVE) - Summary

2015-S3136 (ACTIVE) - Sponsor Memo

2015-S3136 (ACTIVE) - Bill Text download pdf

Comments