Senate Bill S857

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    857
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 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 "Alix's Law".
   § 2. Paragraph a of subdivision 1 and paragraph a 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,  are  amended  to  read  as
 follows:
   a.  Any  person operating a motor vehicle who, knowing or having cause
 to know that THE MOTOR VEHICLE OPERATED  BY  SUCH  PERSON  HAS  COME  IN
 CONTACT WITH A PERSON, REAL PROPERTY OR PERSONAL PROPERTY, HAS A DUTY TO
 PERFORM A REASONABLE AND GOOD FAITH INVESTIGATION OF THE INCIDENT AND IF
 AS  A  RESULT  OF  SUCH INVESTIGATION SUCH PERSON KNOWS OR HAS REASON TO
 KNOW THAT damage has been caused to the real property or to the personal
 property, not including animals, of another, due to [an incident involv-
 ing] THE CONTACT OF the motor vehicle  operated  by  such  person,  SUCH
 PERSON  shall, before leaving the place where the damage occurred, stop,
 exhibit his or her license and insurance identification  card  for  such
 vehicle,  when  such card is required pursuant to articles six and eight
 of this chapter, and give his or her name, residence,  including  street
 and  number,  insurance carrier and insurance identification information
 including but not limited to the number  and  effective  dates  of  said
 individual's  insurance policy, and license number to the party sustain-
 ing the damage, or in case the person sustaining the damage is not pres-
 ent at the place where the damage occurred then he or she  shall  report
 the  same  as  soon as physically able to the nearest police station, or
 judicial officer. A PERSON OPERATING A MOTOR  VEHICLE  IN  VIOLATION  OF
 SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THIS  CHAPTER,  THAT CAME INTO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02816-01-9

 S. 857                              2
 
 CONTACT WITH  A  PERSON,  REAL  PROPERTY,  OR  PERSONAL  PROPERTY,  THAT
 RESULTED  IN  DAMAGE  TO  REAL PROPERTY OR TO THE PERSONAL PROPERTY, NOT
 INCLUDING ANIMALS OF ANOTHER, SHALL BE PRESUMED TO HAVE  KNOWN  OR  HAVE
 CAUSE  TO  KNOW  OF  SUCH CONTACT AND OF SUCH DAMAGE, UNLESS SUCH PERSON
 SHOWS THAT THEY WOULD NOT HAVE KNOWN OR  HAVE  CAUSE  TO  KNOW  OF  SUCH
 CONTACT  AND  OF SUCH INJURY REGARDLESS OF INTOXICATION OR IMPAIRMENT BY
 THE USE OF ALCOHOL OR A DRUG, OR BY THE COMBINED INFLUENCE OF  DRUGS  OR
 OF ALCOHOL AND ANY DRUG OR DRUGS. 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 while the incident occurred who  was  (A)
 logged  on  to the TNC's digital network but not engaged in a TNC prear-
 ranged 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  prear-
 ranged trip or (B) was engaged in a TNC prearranged trip.
   a.  Any  person operating a motor vehicle who, knowing or having cause
 to know that THE MOTOR VEHICLE OPERATED  BY  SUCH  PERSON  HAS  COME  IN
 CONTACT WITH A PERSON, REAL PROPERTY OR PERSONAL PROPERTY, HAS A DUTY TO
 PERFORM A REASONABLE AND GOOD FAITH INVESTIGATION OF THE INCIDENT AND IF
 AS  A  RESULT  OF  SUCH INVESTIGATION SUCH PERSON KNOWS OR HAS REASON TO
 KNOW THAT personal injury has been caused to another person, due to  [an
 incident  involving]  THE  CONTACT OF the motor vehicle operated by such
 person, SUCH PERSON shall, before  leaving  the  place  where  the  said
 personal injury occurred, stop, exhibit his or her license and insurance
 identification  card for such vehicle, when such card is required pursu-
 ant to articles six and eight of this chapter, and give his or her name,
 residence, including street and street  number,  insurance  carrier  and
 insurance  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
 officer,  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 offi-
 cer.  A PERSON OPERATING A MOTOR VEHICLE IN VIOLATION OF SECTION  ELEVEN
 HUNDRED  NINETY-TWO  OF  THIS  CHAPTER,  THAT  CAME  INTO CONTACT WITH A
 PERSON, REAL PROPERTY, OR PERSONAL PROPERTY, THAT RESULTED IN INJURY  TO
 ANOTHER PERSON, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW OF
 SUCH  INJURY, UNLESS SUCH PERSON SHOWS THAT THEY WOULD NOT HAVE KNOWN OR
 HAVE CAUSE TO KNOW OF SUCH CONTACT AND  OF  SUCH  INJURY  REGARDLESS  OF
 INTOXICATION  OR  IMPAIRMENT  BY THE USE OF ALCOHOL OR A DRUG, OR BY THE
 COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND  ANY  DRUG  OR  DRUGS.  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.
   § 3. This act shall take effect immediately.