NY State Senate Bill S882A

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 (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jun 15, 2017	print number 882a
Jun 15, 2017	amend and recommit to transportation
Jan 05, 2017	referred to transportation

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S882 - Details

See Assembly Version of this Bill:: A3230
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §600, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3570, A6872
2011-2012: S2918, A3350
2013-2014: S2503, A1533
2015-2016: S1108, A1879
2019-2020: S4715, A3252
2021-2022: A2515
2023-2024: A3126

S882 - Summary

Enacts Seth's law relating to increasing penalties for leaving the scene of an incident without reporting.

S882 - Sponsor Memo

 BILL NUMBER:  S882

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

 PURPOSE :

This bill strengthens the penalties that may be imposed upon motorists
who leave the scene of an accident where an injury occurs.

 SUMMARY OF PROVISIONS :

Section one of this bill amends Vehicle and Traffic Law section
600(2)(c) concerning leaving the scene of an accident without
reporting.

The penalty for leaving the scene of an accident without reporting
when there is property damage is increased from an "A" misdemeanor to
an "E" felony. The minimum and maximum fines that may be imposed are
also increased by $500 to $1,000 and $1,500, respectively.

The penalty for repeat offenders is increased from an "E" felony to a
"D" felony. The minimum and maximum fines that may be imposed a re
also increased by $500 to $1,500 and $3,000, respectively.

The penalty for leaving the scene of an accident without reporting
when the accident resulted in serious bodily injury is increased from
an "E" felony to a "D" felony. The minimum and maximum fines that may
be imposed are also increased by $500 to $1,500 and $5,500,
respectively.

The penalty for leaving the scene of an accident when the accident
resulted in death is increased from a "D" felony to a "C" felony.  The
minimum and maximum fines that may be imposed are also increased by
$500 to $2,500 and $5,500, respectively.

Section two of this bill provides that this act shall take effect on
the first of November next succeeding the date on which it shall have
become a law.

 EXISTING LAW :

Currently, the Vehicle and Traffic Law provide penalties for motorists
who leave the scene of an accident without reporting. These penalties
range from an "A" misdemeanor with a maximum fine of $1,000 when the
accident resulted in property damage to a "D" felony with a maximum
fine of $5,000 when the accident resulted in a death.

 JUSTIFICATION :

If a driver remains at the scene of an accident where injury occurs
and is intoxicated or impaired by drugs or a combination of drugs and
alcohol, he or she can be charged with an "D" felony. A conviction on
such a charge carries a maximum penalty of up to 7 years of
imprisonment. This legislation proposes that all penalties for leaving
the scene of an incident without reporting be increased. By doing so,
the first-time offender causing injury faces "D" felony charges. This
will be commensurate with charges faced by a drunk driver who causes
serious physical injury and remains at the scene.  Likewise, an
offender who leaves the scene of an accident resulting in death will
face a "C" felony which will be commensurate with charges faced by a
drunk driver of an accident resulting in death and remains at the
scene resulting in a sentence of up to 15 years of imprisonment.


Penalties should not be less severe for a driver who injures others
and leaves the scene of the accident, and the law should provide a
disincentive for such behavior. Although the New York State
Legislature increased all penalties under Vehicle and Traffic Law
section 600(2) in amendments that became effective in November 2005,
these changes have had arguably little impact upon incidences of hit
and run accidents. Within New York City, there were 2,236 hit and run
accidents in October 2014. Indeed, many high-profile hit and run
accidents resulting in injury or death have been reported by the media
over the past year within the five boroughs. Every year, hit and run
accidents are a large problem for the entire state of New York.
Stronger action is clearly required, and additional increases are
warranted.

Increasing all penalties for leaving the scene under Vehicle and
Traffic Law section 600(2)(c) will deter drivers from leaving injured
victims on the road, facilitate police investigation, and permit
chemical testing of drivers by the police in cases where such testing
is warranted.

 LEGISLATIVE HISTORY :

2016:S.1108-Passed the Senate
2015:S.1108-Passed the Senate
2014:S.2503-Passed the Senate
2013:S.2503-Passed the Senate
2012:S.2918-Passed the Senate
2011:S.2918-Passed the Senate
2010:S.3570-Referred to Transportation
2009:S.3570-Referred to Transportation

 FISCAL IMPLICATIONS :

None to the State

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

S882 - Bill Text download pdf


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

                                   882

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 for 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] 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] D  felo-
ny,  punishable by a fine of not less than one thousand FIVE HUNDRED nor
more than [two] THREE 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

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

                                                           LBD05067-01-7

S. 882                              2

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 inju-
ry,  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 addi-
tion 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 FIVE HUNDRED nor more than five thousand FIVE  HUNDRED
dollars in addition to any other penalties provided by law.
  § 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

S882A (ACTIVE) - Details

See Assembly Version of this Bill:: A3230
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §600, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3570, A6872
2011-2012: S2918, A3350
2013-2014: S2503, A1533
2015-2016: S1108, A1879
2019-2020: S4715, A3252
2021-2022: A2515
2023-2024: A3126

S882A (ACTIVE) - Summary

Enacts Seth's law relating to increasing penalties for leaving the scene of an incident without reporting.

S882A (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S882A

 PURPOSE :

This bill strengthens the penalties that may be imposed upon motorists
who leave the scene of an accident where an injury occurs.

 SUMMARY OF PROVISIONS :

Section one provides this act shall be known and may be cited as
"Seth's law."

Section two of this bill amends Vehicle and Traffic Law section
600(2)(c) concerning leaving the scene of an accident without
reporting.

The penalty for leaving the scene of an accident without reporting
when there is property damage is increased from an "A" misdemeanor to
an "E" felony. The minimum and maximum fines that may be imposed are
also increased by $500 to $1,000 and $1,500, respectively.

The penalty for repeat offenders is increased from an "E" felony to a
"D" felony. The minimum and maximum fines that may be imposed are also
increased by $500 to $1,500 and $3,000, respectively.  The penalty for
leaving the scene of an accident without reporting when the accident
resulted in serious bodily injury is increased from an "E" felony to a

"D" felony. The minimum and maximum fines that may be imposed are also
increased by $500 to $1,500 and $5,500, respectively.

The penalty for leaving the scene of an accident when the accident
resulted in death is increased from a "D" felony to a "C" felony. The
minimum and maximum fines that may be imposed are also increased by
$500 to $2,500 and $5,500, respectively.

Section three of this bill provides that this act shall take effect on
the first of November next succeeding the date on which it shall have
become a law.

 EXISTING LAW :

Currently, the Vehicle and Traffic Law provide penalties for motorists
who leave the scene of an accident without reporting. These penalties
range from an "A" misdemeanor with a maximum fine of $1,000 when the
accident resulted in property damage to a "D" felony with a maximum
fine of $5,000 when the accident resulted in a death.

 JUSTIFICATION :

If a driver remains at the scene of an accident, where injury occurs
and is intoxicated or impaired by drugs or a combination of drugs and
alcohol, he or she can be charged with a "D" felony. A conviction on
such a charge carries a maximum penalty of up to 7 years of
imprisonment. This legislation proposes that all penalties for leaving
the scene of an incident without reporting be increased. By doing so,
the first-time offender causing injury faces "D" felony charges. This
will be commensurate with charges faced by a drunk driver who causes
serious physical injury and remains at the scene.  Likewise, an
offender who leaves the scene of an accident resulting in death will
face a "C" felony which will be commensurate with charges faced by a
drunk driver of an accident resulting in death and remains at the
scene resulting in a sentence of up to 15 years of imprisonment.

Penalties should not be less severe for a driver who injures others
and leaves the scene of the accident, and the law should provide a
disincentive for such behavior. Although the New York State
Legislature increased all penalties under Vehicle and Traffic Law
section 600(2) in amendments that became effective in November 2005,
these changes have had arguably little impact upon incidences of hit
and run accidents. Within New York City, there were 2,236 hit and run
accidents in October 2014. Indeed, many high-profile hit and run
accidents resulting in injury or death have been reported by the media
over the past year within the five boroughs. Every year, hit and run
accidents are a large problem for the entire state of New York.
Stronger action is clearly required, and additional increases are
warranted.

Increasing all penalties for leaving the scene under Vehicle and
Traffic Law section 600(2)(c) will deter drivers from leaving injured
victims on the road, facilitate police investigation, and permit
chemical testing of drivers by the police in cases where such testing
is warranted.

 PRIOR LEGISLATIVE HISTORY :

2016:S.1108-Passed the Senate
2015:S.1108-Passed the Senate
2014:S.2503-Passed the Senate
2013:S.2503-Passed the Senate
2012:S.2918-Passed the Senate
2011:S.2918-Passed the Senate
2010:S.3570-Referred to Transportation
2009:S.3570-Referred to Transportation

 FISCAL IMPLICATIONS :

None to the State

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

S882A (ACTIVE) - Bill Text download pdf


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

                                 882--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 5, 2017
                               ___________

Introduced by Sens. GOLDEN, BOYLE, DeFRANCISCO -- read twice and ordered
  printed,  and  when printed to be committed to the Committee on Trans-
  portation -- 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 increasing
  penalties for 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. This act shall be known and may be cited as "Seth's law".
  §  2.  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]  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] D felo-
ny, punishable by a fine of not less than one thousand FIVE HUNDRED  nor

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

                                                           LBD05067-02-7

S. 882--A                           2

more than [two] THREE 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 inju-
ry,  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 addi-
tion 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 FIVE HUNDRED nor more than five thousand FIVE  HUNDRED
dollars in addition to any other penalties provided by law.
  § 3. This act shall take effect on the first of November next succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that if section 4 of part AAA of chapter 59 of the laws  of  2017  shall
not  have  taken  effect on or before such date then section two of this
act shall take effect on such date and in the same manner as such  chap-
ter of the laws of 2017 takes effect.

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The New York State Senate

senate Bill S882A

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S882 - Details

S882 - Summary

S882 - Sponsor Memo

S882 - Bill Text download pdf

Co-Sponsors

S882A (ACTIVE) - Details

S882A (ACTIVE) - Summary

S882A (ACTIVE) - Sponsor Memo

S882A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S882A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

S882 - Details

S882 - Summary

S882 - Sponsor Memo

S882 - Bill Text download pdf

Co-Sponsors

S882A (ACTIVE) - Details

S882A (ACTIVE) - Summary

S882A (ACTIVE) - Sponsor Memo

S882A (ACTIVE) - Bill Text download pdf

Comments