Assembly Bill A2721A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2721
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced by M. of A. LENTOL, CYMBROWITZ -- Multi-Sponsored by -- M. of
   A.  BUCHWALD,  CUSICK, DE LA ROSA, THIELE -- read once and referred 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; and making an appropriation
   therefor

   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 the "hit-and-
 run prevention act".
   § 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, 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

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

                                                            LBD02943-01-9

 A. 2721                             2
 
 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
 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.
   § 3. The division of  criminal  justice  services  shall  establish  a
 public  information  campaign  to  instruct  the public that leaving the
 scene of a collision can result in serious penalties and  the  penalties
 will  be  significantly  increased  if  a motorist leaves the scene of a
 collision that results in serious injury or death.  The  campaign  shall
 stress  that  an  intoxicated or impaired motorist that leaves the scene
 will not avoid the severity of  charges  of  driving  while  intoxicated
 (DWI)  or  driving  while  ability  impaired  (DWAI). This act makes the
 penalties for leaving the scene of a collision that results  in  serious
 injury or death the same whether the individual is intoxicated or sober.
 By staying at the scene of a collision and calling 911, the victim has a
 greater chance at survival and recovery.
   §  4.  The  division  of criminal justice services shall establish and
 administer a state wide hit-and-run alert  system.  When  a  hit-and-run
 results  in  serious  physical  injury  or  death  within the state, the
 responding law enforcement agency shall request a hit-and-run alert from
 the division of criminal justice services. This request shall include at
 least detailed information on the make, model, color and  license  plate
 number  of  the  vehicle  and a driver description, when available.  The
 division of criminal justice services shall formulate criteria to deter-
 mine whether a law enforcement agency's request includes sufficient data
 to justify an alert. If the criteria are met, the division  of  criminal
 justice  services shall approve and administer the alert.  A hit-and-run
 alert shall include information on the suspect vehicle and  be  distrib-
 uted  electronically  by  email notification, text message, and/or tele-
 phone to every police agency, television and radio  station,  newspaper,
 travel  plaza,  toll  barrier, airport, bus terminal, train station, and
 border crossing. The division of criminal justice services can determine
 which distribution channels are used to ensure  that  alerts  are  effi-
 ciently  reaching  the  broadest audience. The alert will continue for a
 particular amount of time determined by the division of criminal justice
 services.
   § 5. The sum of one million dollars ($1,000,000), or so  much  thereof
 as  may  be  necessary, is hereby appropriated to the public information
 campaign to instruct the public on leaving the scene of a  collision  as
 established pursuant to section three of this act from any moneys in the
 state treasury not otherwise appropriated and made immediately available
 to  the division of criminal justice services for the purposes of carry-
 ing out the provisions of section three of this act. Such  moneys  shall
 be  payable  on  the  audit  and  warrant of the comptroller on vouchers
 certified or approved by the commissioner of criminal  justice  services
 in the manner prescribed by law.

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   § 6. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law, provided, however, that the commissioner of
 the division of criminal justice services  shall  promulgate  rules  and
 regulations  prior  to  such  effective  date necessary to implement the
 provisions of this act.