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.