NY State Senate Bill S3521

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2018	print number 3521a
Jan 25, 2018	amend and recommit to transportation
Jan 03, 2018	referred to transportation returned to senate died in assembly
Jun 15, 2017	referred to transportation delivered to assembly passed senate
Jun 14, 2017	ordered to third reading cal.1712 committee discharged and committed to rules
Jan 24, 2017	referred to transportation

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S3521 - Details

See Assembly Version of this Bill:: A3921
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §600, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4188
2015-2016: S2136, A7785
2019-2020: S1575, A8877
2021-2022: S2264, A6812
2023-2024: S185

S3521 - Summary

Increases the penalty for leaving the scene of an incident without reporting.

S3521 - Sponsor Memo

 BILL NUMBER:  S3521

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

 PURPOSE :

To increase the penalty for leaving the scene of an incident without
reporting when there is serious physical injury or death

 SUMMARY OF PROVISIONS :

Section 1: amends paragraph c of subdivision 2 of section 600 of the
vehicle and traffic law, as amended by chapter 49 of the laws of 2005
by elevating the penalty from a class E felony to a class D felony
when there is serious physical injury, and by elevating the penalty
from a class D felony to a class C felony when there is a death.

Section 2: effective date; this act shall take effect on the one
hundred twentieth day after it shall have become a law.

 JUSTIFICATION :

Leaving the scene of an incident involving serious physical injury or
death is now a pervasive problem on our roadways.  Most often, the
drivers who "hit and run" in these instances are actually under the

influence of alcohol and/or drugs. By fleeing, alcohol and/or drugs
cannot be readily detected as they would be if the driver remained at
the scene. Thus, these drivers successfully avoid being arrested for
the more serious crimes of Aggravated Vehicular Homicide or Vehicular
Manslaughter which have a maximum jail sentence of 25 years or 15
years, respectively.

Currently, leaving the scene crimes are punishable by a maximum of
four years when there is serious physical injury (class E felony) or a
maximum of 7 years when a death occurs (class D felony).

Changing the classification of felony for each crime would result in
an increase in penalty. Exposure to more jail time is always a step in
the right direction to deter the commission of crimes. Elevating the
felony class for each of these offenses by one level as proposed in
the bill, would make the punishment more commensurate with the crimes.
The Suffolk County District Attorney has been calling for an, increase
in penalties for these types of crimes. Serious physical injury and
death are reason enough for increased jail time. We must give District
Attorneys the tools they need to help get these violators off our
roads for a longer time, and to help deter future crimes of this
nature.

 LEGISLATIVE HISTORY :

2013-14: Passed Senate,
2015-16: Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill shall take effect on the one hundred twentieth day after it
shall have become a law.

S3521 - Bill Text download pdf


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

                                  3521

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 24, 2017
                               ___________

Introduced  by Sen. FLANAGAN -- 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. Paragraph c of subdivision 2 of section 600 of the  vehicle
and  traffic  law,  as  amended  by  chapter  49 of the laws of 2005, is
amended to read as follows:
  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, punishable by a fine of not less than five  hundred
dollars  nor  more  than  one  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, 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

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

                                                           LBD00472-01-7

S. 3521                             2

card for such vehicle or exchange the information required in such para-
graph,  where  the personal injury involved (i) results in serious phys-
ical injury, as defined in section 10.00 of the penal law, shall consti-
tute  a  class  [E]  D 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, 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 dollars in addition to any other penalties
provided by law.
  § 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

Co-Sponsors

S3521A (ACTIVE) - Details

See Assembly Version of this Bill:: A3921
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §600, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4188
2015-2016: S2136, A7785
2019-2020: S1575, A8877
2021-2022: S2264, A6812
2023-2024: S185

S3521A (ACTIVE) - Summary

Increases the penalty for leaving the scene of an incident without reporting.

S3521A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3521A

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

 
PURPOSE:

To increase the penalty for leaving the scene of an incident without
reporting when there is serious physical injury or death

 
SUMMARY OF PROVISIONS:

Section 1: amends paragraph c of subdivision 2 of section 600 of the
vehicle and traffic law, as amended by chapter 49 of the laws of 2005 by
elevating the penalty from a class E felony to a class D felony when
there is serious physical injury, and by elevating the penalty from a
class D felony to a class C felony when there is a death.

Section 2: effective date; this act shall take effect on the one hundred
twentieth day after it shall have become a law.

 
JUSTIFICATION:

Leaving the scene of an incident involving serious physical injury or
death is now a pervasive problem on our roadways. Most often, the driv-
ers who "hit and run" in these instances are actually under the influ-
ence of alcohol and/or drugs. By fleeing, alcohol and/or drugs cannot be
readily detected as they would be if the driver remained at the scene.
Thus, these drivers successfully avoid being arrested for the more seri-
ous crimes of Aggravated Vehicular Homicide or Vehicular Manslaughter
which have a maximum jail sentence of 25 years or 15 years, respective-
ly.

Currently, leaving the scene crimes are punishable by a maximum of four
years when there is serious physical injury (class E felony) or a maxi-
mum of 7 years when a death occurs (class D felony).

Changing the classification of felony for each crime would result in an
increase in penalty. Exposure to more jail time is always a step in the
right direction to deter the commission of crimes. Elevating the felony
class for each of these offenses by one level as proposed in the bill,
would make the punishment more commensurate with the crimes. The Suffolk
County District Attorney has been calling for an, increase in penalties
for these types of crimes. Serious physical injury and death are reason
enough for increased jail time. We must give District Attorneys the
tools they need to help get these violators off our roads for a longer
time, and to help deter future crimes of this nature.

 
LEGISLATIVE HISTORY:

2013-14: Passed Senate,
2015-16: Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect on the one hundred twentieth day after it
shall have become a law.

S3521A (ACTIVE) - Bill Text download pdf


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

                                 3521--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 24, 2017
                               ___________

Introduced  by Sens. FLANAGAN, GALLIVAN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion  --  recommitted to the Committee on Transportation in accordance
  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. Paragraph c of subdivision 2 of 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:
  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, punishable by a fine of not less than five hundred
dollars nor more than one 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, punishable by a fine of not less than
one thousand nor more than two thousand five hundred dollars in addition

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

                                                           LBD00472-02-8

S. 3521--A                          2

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 para-
graph,  where  the personal injury involved (i) results in serious phys-
ical injury, as defined in section 10.00 of the penal law, shall consti-
tute a class [E] D 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, 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 dollars in addition to any  other  penalties
provided by law.
  § 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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The New York State Senate

senate Bill S3521

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Your Voice

Actions

Votes

Jun 15, 2017 - floor Vote

Floor Vote: Jun 15, 2017

Jun 14, 2017 - Rules committee Vote

Rules Committee Vote: Jun 14, 2017

Bill Amendments

Co-Sponsors

S3521 - Details

S3521 - Summary

S3521 - Sponsor Memo

S3521 - Bill Text download pdf

Co-Sponsors

S3521A (ACTIVE) - Details

S3521A (ACTIVE) - Summary

S3521A (ACTIVE) - Sponsor Memo

S3521A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3521

Share this bill

Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Transportation Committee

Your Voice

Actions

Votes

Jun 15, 2017 - floor Vote

Floor Vote: Jun 15, 2017

Jun 14, 2017 - Rules committee Vote

Rules Committee Vote: Jun 14, 2017

Bill Amendments

Co-Sponsors

Patrick M. Gallivan

S3521 - Details

S3521 - Summary

S3521 - Sponsor Memo

S3521 - Bill Text download pdf

Co-Sponsors

Patrick M. Gallivan

S3521A (ACTIVE) - Details

S3521A (ACTIVE) - Summary

S3521A (ACTIVE) - Sponsor Memo

S3521A (ACTIVE) - Bill Text download pdf

Comments