NY State Senate Bill 2019-S1236

Senate Bill S1236

2019-2020 Legislative Session

Relates to leaving the scene of an incident without reporting; and making an appropriation therefor

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
Jan 11, 2019	referred to finance

co-Sponsors

2019-S1236 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Amd §600, V & T L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6884
2021-2022: S2272
2023-2024: S246

2019-S1236 (ACTIVE) - Summary

Increases the penalty for leaving the scene of an incident without reporting; creates a public service campaign informing the public of the laws surrounding leaving the scene of an incident without reporting; establishes the statewide hit-and-run alert system; makes an appropriation therefor.

2019-S1236 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1236

SPONSOR: GALLIVAN
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation aims to prevent motor vehicle operators from leaving
the scene of an incident (aka hit and runs) without reporting, when such
incident causes serious physical injury or death.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill establishes the act to be known as the "hit-and-
run prevention act".

Section 2 of the bill increases the criminal penalties for leaving the

scene of incident without reporting when such incident resulted in seri-
ous physical injury or death from a class E felony to a class D felony
and from a class D felony to a class C felony, respectively.

Section 3 of the bill requires the Division of Criminal Justice Services
(DCJS) to establish a public information campaign in order to educate
the public on the increased penalties associated with leaving the scene
of incident without reporting.

Section 4 of the bill requires DCJS to establish a statewide hit and run
alert system.

Section 5 of the bill establishes an appropriation of up to $1 million
in relation to the public information campaign.

Section 6 of the bill establishes the effective date.

 
JUSTIFICATION:

Too often drivers, who are intoxicated as result of consuming alcohol
and/or drugs, flee the scene of a motor vehicle accident to avoid being
held accountable for their actions. Such reckless behavior may lead to a
seriously injured person succumbing to their injuries. That is unaccept-
able.

In an effort to curb the prevalence of hit-and-runs statewide, this
legislation, in part, would close a loophole in the current statute by
increasing criminal penalties that result in serious physical injury or
death to be consistent with the current penalties for Vehicular
Manslaughter in the 1st degree (a class C felony) and Vehicular Assault
in the 1st degree (a class D felony).

Importantly, this bill also establishes an information campaign to
educate the public on the severity of the punishment associated with
leaving the scene of an incident without reporting. In doing so, it is
intended that persons who have committed such an act will choose to
conform to the law, thereby possibly saving lives.

 
LEGISLATIVE HISTORY:

2017-18: S.6884/A.8682 Referred to Finance/Referred to Transportation

 
FISCAL IMPLICATIONS:

$1 million is appropriated to for the purpose of implementing the public
information campaign

 
EFFECTIVE DATE:
This act shall take effect on the 120th day.

2019-S1236 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1236
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced by Sens. GALLIVAN, TEDISCO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance
 
 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
 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.
                                                            LBD02943-01-9

 S. 1236                             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.
   § 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.
   § 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.

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Senate Bill S1236

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Sponsored By

Patrick M. Gallivan