S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10644
 
                           I N  A S S E M B L Y
 
                               June 17, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Frontus) --
   read once and referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   an affirmative duty for individuals to assist  injured  persons  in  a
   motor vehicle collision
 
   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 "Jeanne's law".
   § 2. 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:
   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. 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 at
 the time of the 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 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 prearranged trip or (B) was engaged in a TNC
 prearranged trip.  ANY SUCH PERSON OPERATING A MOTOR VEHICLE SHALL  ALSO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16667-02-0

 A. 10644                            2
 
 HAVE  AN AFFIRMATIVE DUTY TO RENDER TO ANY PERSON INJURED IN A COLLISION
 REASONABLE ASSISTANCE, INCLUDING THE CARRYING, OR THE MAKING OF ARRANGE-
 MENTS FOR THE CARRYING OF SUCH PERSON TO A PHYSICIAN, SURGEON OR  HOSPI-
 TAL  FOR  MEDICAL  TREATMENT  IF  IT  IS APPARENT THAT SUCH TREATMENT IS
 NECESSARY OR IF SUCH ASSISTANCE IS REQUESTED BY THE INJURED PERSON.
   b. It shall be the duty of any member of a law enforcement agency  who
 is at the scene of the [accident] COLLISION to request the said operator
 or operators 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.   A VIOLATION OF THE PROVISIONS OF PARAGRAPH A OF THIS
 SUBDIVISION RESULTING SOLELY FROM THE FAILURE OF AN OPERATOR  TO  RENDER
 TO ANY PERSON INJURED IN A COLLISION REASONABLE ASSISTANCE SHALL CONSTI-
 TUTE A CIVIL VIOLATION AND SHALL BE PUNISHABLE BY FINE. 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 OR TO RENDER ASSISTANCE TO AN INJURED PERSON,
 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 iden-
 tification card for such vehicle or exchange the information required in
 such paragraph OR TO RENDER ASSISTANCE TO AN INJURED PERSON,  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, or (ii) results in death shall constitute a class D felony punisha-
 ble by a fine of not less than two thousand nor more than five  thousand
 dollars in addition to any other penalties provided by law.
   § 3. This act shall take effect immediately.