S T A T E O F N E W Y O R K
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6745
2017-2018 Regular Sessions
I N A S S E M B L Y
March 16, 2017
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Introduced by M. of A. GRAF, MONTESANO, GIGLIO, McDONOUGH, ERRIGO --
Multi-Sponsored by -- M. of A. THIELE -- read once and referred 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:
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01790-01-7
A. 6745 2
RESULTED IN DAMAGE TO REAL PROPERTY OR TO THE PERSONAL PROPERTY, NOT
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
A. 6745 3
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 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.
§ 2. The vehicle and traffic law is amended by adding a new section
600-a to read as follows:
§ 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
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A VIOLATION OF ANY OF THE PROVISIONS OF SECTION ONE THOUSAND ONE HUNDRED
NINETY-TWO OF THIS CHAPTER; OR
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.
§ 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.