NY State Senate Bill 2017-S4946

Senate Bill S4946

2017-2018 Legislative Session

Increases penalties and requires imprisonment for leaving the scene of an incident without reporting; presumption of avoiding prosecution for DUI

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to transportation

2017-S4946 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§600 & 602, add §600-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2222
2011-2012: S317
2013-2014: S562
2015-2016: S130

2017-S4946 (ACTIVE) - Summary

Increases penalties and requires imprisonment for leaving the scene of an incident without reporting; creates a presumption of avoiding prosecution for DUI when leaving the scene of an incident without reporting within four hours of consuming an alcoholic beverage.

2017-S4946 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4946

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

 PURPOSE OR GENERAL IDEA OF BILL :

Increases criminal sanctions and fines for traffic law violations in
accordance with leaving the scene of an incident without reporting or
providing relevant identification information. In addition, creates a
new section to recognize leaving the scene of an incident without
reporting after consuming an alcoholic beverage or drug.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends section 600 of the Vehicle and Traffic Law.
Establishes penalties and increases fines for leaving the scene of an
incident without reporting.

Section 2. Amends the Vehicle and Traffic Law by adding a new section
600-a. Establishes penalties for leaving the scene of an incident
without reporting after consuming an alcoholic beverage or drug.

Section 3. Amends Section 602 of the Vehicle and Traffic Law. Makes
technical amendments to current statute.

Section 4. Effective Date

 EXISTING LAW :

Vehicle and Traffic Law; Article 22, Section 600; Accidents and
Accident Reports; Leaving the scene of an incident without reporting

 JUSTIFICATION :

The purpose of this bill is to further deter any person from violating
the regulations of conduct required of them as a licensed driver.

 PRIOR LEGISLATIVE HISTORY :

2016:S.130- REFERRED TO TRANSPORTATION
2015:S.130- REFERRED TO TRANSPORTATION
2014:S.562- Referred to Transportation
2013:S.562- Referred to Transportation
2012: S.317 - Referred to Crime Victims, Crime and Correction
2011: S.317 - Notice of Committee Consideration Requested, Committee
Discharged and Committed to Crime Victims, Crime and Correction
2010: S.2222 - Referred to Transportation/A.326 - Enacting Clause
Stricken
2009: S.2222 - Referred to Transportation/A 326 - Referred to
Transportation
2007-08: A.1728 - Referred to Transportation
2005-06: A.4541 - Referred to Transportation
2004: A.10353 - Referred to Transportation

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2017-S4946 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4946
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  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  increasing
   penalties and requiring imprisonment for leaving the scene of an inci-
   dent 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 damage has been caused to the real property or to the
 personal property, not including animals, of another, due to an incident
 involving  the motor vehicle operated by such person shall, before leav-
 ing 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 sustaining  the  damage,  or  in
 case  the person sustaining the damage is not present 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.
   b.  It shall be the duty of any member of a law enforcement agency who
 is at the scene of the [accident] INCIDENT to request the said  operator
 or operators of the motor vehicles, when physically capable of doing so,
 to  exchange  the  information  required [hereinabove] IN PARAGRAPH A OF
 THIS SUBDIVISION 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07137-01-7

 S. 4946                             2
 
   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 IDENTIFICATION CARD FOR THE VEHICLE OR EXCHANGE THE INFORMA-
 TION  REQUIRED  IN  SUCH PARAGRAPH shall constitute a traffic infraction
 punishable  by a fine of [up to] NOT LESS THAN two hundred fifty dollars
 NOR MORE THAN FIVE HUNDRED DOLLARS or a sentence of imprisonment for  up
 to  fifteen  days  or both such fine and imprisonment.  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 MISDEMEANOR PUNISHABLE BY
 A  FINE  OF  NOT  LESS  THAN  FIVE HUNDRED DOLLARS NOR MORE THAN FIFTEEN
 HUNDRED DOLLARS AND A SENTENCE OF IMPRISONMENT OF NOT  MORE  THAN  THREE
 MONTHS, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
   2. Personal injury. a. Any person operating a motor vehicle who, know-
 ing  or  having  cause  to  know that personal injury has been caused to
 another person, due to an incident involving the motor vehicle  operated
 by  such  person shall, before leaving the place where the said personal
 injury occurred, stop, exhibit his or her license  and  insurance  iden-
 tification card for such vehicle, when such card is required pursuant to
 articles  six and eight of this chapter, and give his or her name, resi-
 dence, including street and street number, insurance carrier and  insur-
 ance  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 offi-
 cer, 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.
   b.  It shall be the duty of any member of a law enforcement agency who
 is at the scene of the [accident] INCIDENT to request the said  operator
 or operators of the motor vehicles, when physically capable of doing so,
 to  exchange  the  information  required [hereinabove] IN PARAGRAPH A OF
 THIS SUBDIVISION 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]
 FIVE HUNDRED nor more than [five hundred] ONE THOUSAND  dollars,  AND  A
 SENTENCE  OF  IMPRISONMENT OF NOT MORE THAN ONE YEAR, in addition to any
 other penalties provided by law. Any subsequent [such]  violation  shall
 constitute  a  [class  A misdemeanor] FELONY punishable by a fine of not
 less than [five hundred] TWENTY-FIVE HUNDRED nor more  than  [one  thou-
 sand]  FIVE THOUSAND dollars, AND A SENTENCE OF IMPRISONMENT OF NOT LESS
 THAN ONE YEAR, 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]  FELONY,  punishable  by  a  fine  of  not  less than [five
 hundred] ONE THOUSAND dollars nor more than [one thousand] FIVE THOUSAND
 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,

 S. 4946                             3
 
 punishable by a fine of not less than [one thousand] TWENTY-FIVE HUNDRED
 nor  more  than [two] FIVE thousand five hundred dollars [in addition to
 any other penalties provided by law], AND A SENTENCE OF IMPRISONMENT  OF
 NOT  LESS  THAN ONE YEAR, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY
 LAW.  Any violation of the provisions of paragraph a  of  this  subdivi-
 sion,  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] felony,
 punishable by a fine of not less than [one thousand nor more than]  five
 thousand  dollars in addition to any other penalties provided by law FOR
 A CLASS D FELONY, or (ii) results in death shall constitute a [class  D]
 felony  punishable  by  a  fine of not less than [two] FIVE thousand nor
 more than [five] TEN thousand dollars in addition to any other penalties
 provided by law FOR  A CLASS C FELONY.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 600-a to read as follows:
   §  600-A.  LEAVING  THE  SCENE  OF AN INCIDENT WITHOUT REPORTING AFTER
 CONSUMING AN ALCOHOLIC BEVERAGE OR DRUG; PRESUMPTION. 1. ANY PERSON  WHO
 VIOLATES  PARAGRAPH  A OF SUBDIVISION ONE OF SECTION SIX HUNDRED OF THIS
 ARTICLE WITHIN FOUR HOURS AFTER CONSUMING AN ALCOHOLIC BEVERAGE OR  DRUG
 AS  DEFINED  IN THIS CHAPTER SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE
 BY A FINE OF NOT LESS THAN THREE HUNDRED DOLLARS  NOR  MORE  THAN  SEVEN
 HUNDRED  FIFTY  DOLLARS  AND A SENTENCE OF IMPRISONMENT OF NOT LESS THAN
 THIRTY DAYS NOR MORE THAN NINETY DAYS, AND SHALL  BE  PRESUMED  TO  HAVE
 COMMITTED  THE VIOLATION TO AVOID PROSECUTION FOR A VIOLATION OF SECTION
 ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER.
   2. ANY PERSON WHO VIOLATES PARAGRAPH B OF SUBDIVISION TWO  OF  SECTION
 SIX  HUNDRED  OF THIS ARTICLE WITHIN FOUR HOURS AFTER CONSUMING AN ALCO-
 HOLIC BEVERAGE OR DRUG AS DEFINED IN THIS CHAPTER SHALL BE GUILTY  OF  A
 MISDEMEANOR  PUNISHABLE  BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS
 NOR MORE THAN ONE THOUSAND DOLLARS AND A SENTENCE  OF  IMPRISONMENT  FOR
 NOT  LESS  THAN  THREE  MONTHS  NOR  MORE  THAN ONE   YEAR, AND SHALL BE
 PRESUMED TO HAVE COMMITTED THE VIOLATION  TO  AVOID  PROSECUTION  FOR  A
 VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER.
   § 3. Section 602 of the vehicle and traffic law, as amended by chapter
 843 of the laws of 1980, is amended to read as follows:
   § 602. Arrest  for  violations  of sections six hundred, SIX HUNDRED-A
 and six hundred one. A peace officer, acting  pursuant  to  his  OR  HER
 special  duties,  or  a  police officer may, without a warrant, arrest a
 person, in case  of  violation  of  section  six  hundred,  SECTION  SIX
 HUNDRED-A  and  section six hundred one, which in fact have been commit-
 ted, though not in his OR HER presence, when he OR  SHE  has  reasonable
 cause to believe that the violation was committed by such person.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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