NY State Senate Bill 2017-S417

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 16, 2018	print number 417a
Jan 16, 2018	amend and recommit to transportation
Jan 03, 2018	referred to transportation
Jan 04, 2017	referred to transportation

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S417 - 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
2015-2016: S3136

2017-S417 - 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.

2017-S417 - Sponsor Memo

                                 BILL NUMBER:  S417

 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.3136 of 2015/16: 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.

2017-S417 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    417
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. CROCI, 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 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

 S. 417                              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

 S. 417                              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

 S. 417                              4
 
 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.

co-Sponsors

2017-S417A (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
2015-2016: S3136

2017-S417A (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.

2017-S417A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S417A              Revised 1/31/18

SPONSOR: CROCI
 
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 prop-
erty, 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 homi-
cide, 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 proper-
ty 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 leav-
ing 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.

 
LEGISLATIVE HISTORY:

S.3136 of 2015/16: 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.

2017-S417A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  417--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sens.  CROCI,  FUNKE, GALLIVAN -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Trans-
   portation -- recommitted to the Committee on Transportation in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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
 section 4 of part AAA of chapter 59 of the laws of 2017, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01790-02-8

 S. 417--A                           2
 
 CONTACT WITH  A  PERSON,  REAL  PROPERTY,  OR  PERSONAL  PROPERTY,  THAT
 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. In addition to the foregoing, any such
 person  shall also: (i) produce the proof of insurance coverage required
 pursuant to article forty-four-B of this chapter if such person is a TNC
 driver operating a TNC vehicle while the incident occurred who  was  (A)
 logged  on  to the TNC's digital network but not engaged in a TNC prear-
 ranged trip or (B) was engaged in  a  TNC  prearranged  trip;  and  (ii)
 disclose  whether he or she, at the time such incident occurred, was (A)
 logged on to the TNC's digital network but not engaged in a  TNC  prear-
 ranged trip or (B) was engaged in a TNC prearranged trip.
   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. In addition to the forego-
 ing, any such person shall also: (i)  produce  the  proof  of  insurance
 coverage  required  pursuant  to article forty-four-B of this chapter if
 such person is a TNC driver operating a TNC vehicle at the time  of  the

 S. 417--A                           3
 
 incident  who  was  (A)  logged  on to the TNC's digital network but not
 engaged in a TNC prearranged trip or (B) was engaged  in  a  TNC  prear-
 ranged trip; and (ii) disclose whether he or she, at the time such inci-
 dent  occurred,  was  (A) logged on to the TNC's digital network but not
 engaged in a TNC prearranged trip or (B) was engaged  in  a  TNC  prear-
 ranged trip.
   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
 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  previ-
 ously  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.
   3. For the purposes of this article, the terms  "TNC",  "TNC  driver",
 "TNC  vehicle",  "TNC prearranged trip" and "digital network" shall have
 the same meanings as such terms are defined in article  forty-four-B  of
 this chapter.
   §  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

 S. 417--A                           4
 
   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
   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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S417

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2017-S417 - Details

2017-S417 - Summary

2017-S417 - Sponsor Memo

2017-S417 - Bill Text download pdf

co-Sponsors

2017-S417A (ACTIVE) - Details

2017-S417A (ACTIVE) - Summary

2017-S417A (ACTIVE) - Sponsor Memo

2017-S417A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S417

Share this bill

Sponsored By

Thomas D. Croci

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

Rich Funke

Patrick M. Gallivan

2017-S417 - Details

2017-S417 - Summary

2017-S417 - Sponsor Memo

2017-S417 - Bill Text download pdf

co-Sponsors

Rich Funke

Patrick M. Gallivan

2017-S417A (ACTIVE) - Details

2017-S417A (ACTIVE) - Summary

2017-S417A (ACTIVE) - Sponsor Memo

2017-S417A (ACTIVE) - Bill Text download pdf

Comments