Senate Bill S3859

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3859
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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 the creation
   of a yellow alert system to be  activated  when  a  hit  and  run  has
   resulted in death or serious injury

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 article 22-A to read as follows:
                               ARTICLE 22-A
                            YELLOW ALERT SYSTEM
 
 SECTION 620. SHORT TITLE.
         621. DEFINITIONS.
         622. PROCEDURE.
   §  620.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "YELLOW ALERT SYSTEM".
   § 621. DEFINITIONS. AS USED IN THIS ARTICLE:  1. "YELLOW ALERT"  SHALL
 MEAN  A  NOTIFICATION  SYSTEM, ACTIVATED PURSUANT TO SECTION SIX HUNDRED
 TWENTY-TWO OF THIS ARTICLE, DESIGNED TO COORDINATE ALERTS  WITH  RESPECT
 TO  A  HIT AND RUN INCIDENT RESULTING IN THE DEATH OR INJURY OF A PERSON
 AS DESCRIBED IN SUBDIVISION FOUR OF SECTION SIX  HUNDRED  TWENTY-TWO  OF
 THIS ARTICLE.
   2. "HIT AND RUN" SHALL MEAN WHEN A DRIVER OF A VEHICLE WHO IS INVOLVED
 IN  A COLLISION WITH ANOTHER VEHICLE, PROPERTY OR HUMAN BEING, KNOWINGLY
 FAILS TO STOP TO GIVE HIS OR HER NAME, LICENSE NUMBER, AND OTHER  INFOR-
 MATION AS REQUIRED BY SECTION SIX HUNDRED OF THIS TITLE.
   §  622.  PROCEDURE.  1. IF A HIT AND RUN INCIDENT IS REPORTED TO A LAW
 ENFORCEMENT AGENCY, AND THAT AGENCY DETERMINES THAT THE REQUIREMENTS  OF
 SUBDIVISION FOUR OF THIS SECTION ARE MET, THE AGENCY MAY REQUEST THE NEW
 YORK  STATE  POLICE  TO  ACTIVATE  A YELLOW ALERT. IF THE NEW YORK STATE

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

                                                            LBD06658-01-7

 S. 3859                             2
 
 POLICE CONCURS THAT THE REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION
 ARE MET, IT SHALL ACTIVATE A YELLOW ALERT  WITHIN  THE  GEOGRAPHIC  AREA
 REQUESTED BY THE INVESTIGATING LAW ENFORCEMENT AGENCY.
   2.  RADIO, TELEVISION, AND CABLE AND SATELLITE SYSTEMS ARE ENCOURAGED,
 BUT ARE NOT REQUIRED, TO COOPERATE WITH  DISSEMINATING  THE  INFORMATION
 CONTAINED IN A YELLOW ALERT.
   3.  UPON ACTIVATION OF A YELLOW ALERT, THE NEW YORK STATE POLICE SHALL
 ASSIST THE INVESTIGATING LAW ENFORCEMENT AGENCY BY  ISSUING  THE  YELLOW
 ALERT VIA A LOCAL DIGITAL SIGN.
   4.  A  LAW ENFORCEMENT AGENCY MAY REQUEST THAT A YELLOW ALERT BE ACTI-
 VATED IF THAT AGENCY DETERMINES THAT THE FOLLOWING CONDITIONS ARE MET IN
 REGARD TO THE INVESTIGATION OF THE HIT AND RUN INCIDENT:
   A. A PERSON HAS BEEN KILLED OR HAS SUFFERED SERIOUS BODILY INJURY  DUE
 TO A HIT AND RUN INCIDENT;
   B. THE INVESTIGATING LAW ENFORCEMENT AGENCY HAS ADDITIONAL INFORMATION
 CONCERNING  THE  SUSPECT  OR  THE  SUSPECT'S VEHICLE, INCLUDING, BUT NOT
 LIMITED TO, ANY OF THE FOLLOWING:
   (I) THE COMPLETE LICENSE PLATE NUMBER OF THE SUSPECT'S VEHICLE;
   (II) A PARTIAL LICENSE PLATE NUMBER AND THE MAKE, MODEL, AND COLOR  OF
 THE SUSPECT'S VEHICLE;
   (III) THE IDENTITY OF THE SUSPECT; AND
   C.  PUBLIC  DISSEMINATION  OF  AVAILABLE INFORMATION COULD EITHER HELP
 AVERT FURTHER HARM OR ACCELERATE APPREHENSION OF THE SUSPECT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.