S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6520
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2023
                                ___________
 
 Introduced  by M. of A. SMITH -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law and the  criminal  procedure
   law,  in  relation to increasing penalties for leaving the scene of an
   accident 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 as "Nick's law".
   §  2.  Paragraph  c of subdivision 2 of section 600 of the vehicle and
 traffic law, as amended by chapter 497 of the laws of 2022,  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 seven hundred
 fifty  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 three thousand dollars in  addition
 to  any other penalties provided by law. Any violation of the provisions

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10454-01-3
              

 A. 6520                             2
 
 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 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]  B felony punishable by a fine of [not less than two thousand
 nor more than five] THIRTY thousand dollars in  addition  to  any  other
 penalties provided by law.
   §  3. Subdivisions 4 and 5 of section 722.21 of the criminal procedure
 law, as added by section 1-a of part WWW of chapter 59 of  the  laws  of
 2017, are amended to read as follows:
   4.  Notwithstanding  the  provisions  of subdivisions two and three of
 this section, where the defendant is charged with a felony, other than a
 class A felony defined outside article two hundred twenty of  the  penal
 law,  a violent felony defined in section 70.02 of the penal law [or], a
 felony listed in paragraph  one  or  two  of  subdivision  forty-two  of
 section  1.20 of this chapter, OR LEAVING THE SCENE OF AN ACCIDENT WITH-
 OUT REPORTING AS DEFINED IN SECTION SIX HUNDRED OF THE VEHICLE AND TRAF-
 FIC LAW, WHERE SUCH ACCIDENT RESULTED IN THE DEATH  OF  ANOTHER  PERSON,
 except as provided in paragraph (c) of subdivision two of section 722.23
 of this article, the court shall, upon notice from the district attorney
 that  he  or  she  will not file a motion to prevent removal pursuant to
 section 722.23 of this article, order transfer of an action  against  an
 adolescent  offender  to  the family court pursuant to the provisions of
 article seven hundred twenty-five  of  this  title,  provided,  however,
 notwithstanding  any other provision of law, section 308.1 of the family
 court act shall apply to actions transferred pursuant to  this  subdivi-
 sion and such actions shall not be considered removals subject to subdi-
 vision thirteen of such section 308.1.
   5.  Notwithstanding subdivisions two and three of this section, at the
 request of the district attorney, the court shall order  removal  of  an
 action  against an adolescent offender charged with an offense listed in
 paragraph (a) of subdivision two of section 722.23 of this  article,  to
 the  family  court  pursuant  to the provisions of article seven hundred
 twenty-five of this title and upon consideration of the criteria  speci-
 fied  in  subdivision  two  of  section 722.22 of this article, IF it is
 determined that to do so would be in the interests  of  justice.  Where,
 however,  the  felony  complaint  charges  the  adolescent offender with
 murder in the second degree as defined in section 125.25  of  the  penal
 law,  rape  in the first degree as defined in subdivision one of section
 130.35 of the penal law, criminal sexual act  in  the  first  degree  as
 defined  in  subdivision one of section 130.50 of the penal law, [or] an
 armed felony as defined in paragraph (a)  of  subdivision  forty-one  of
 section  1.20 of this chapter, OR LEAVING THE SCENE OF AN ACCIDENT WITH-
 OUT REPORTING AS DEFINED IN SECTION SIX HUNDRED OF THE VEHICLE AND TRAF-
 FIC LAW, WHERE SUCH ACCIDENT RESULTED IN THE DEATH OF ANOTHER PERSON,  a
 determination  that such action be removed to the family court shall, in
 addition, be based upon a finding  of  one  or  more  of  the  following
 factors: (i) mitigating circumstances that bear directly upon the manner
 in  which  the  crime was committed; or (ii) where the defendant was not
 the sole participant in the crime,  the  defendant's  participation  was
 relatively minor although not so minor as to constitute a defense to the
 prosecution; or (iii) possible deficiencies in proof of the crime.
 A. 6520                             3
 
   § 4. Subdivision 1 of section 722.22 of the criminal procedure law, as
 added  by  section 1-a of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   1. After a motion by a juvenile offender, pursuant to subdivision five
 of  section  722.20  of this article, or after arraignment of a juvenile
 offender upon an indictment, the court may, on motion of any party or on
 its own motion:
   (a) except as otherwise provided by paragraph (b) of this subdivision,
 order removal of  the  action  to  the  family  court  pursuant  to  the
 provisions of article seven hundred twenty-five of this title, if, after
 consideration  of  the  factors  set  forth  in  subdivision two of this
 section, the court determines that to do so would be in the interests of
 justice; or
   (b) with the consent of the district attorney,  order  removal  of  an
 action  involving an indictment charging a juvenile offender with murder
 in the second degree as defined in section 125.25 of the penal law; rape
 in the first degree, as defined in subdivision one of section 130.35  of
 the  penal  law;  criminal sexual act in the first degree, as defined in
 subdivision one of section 130.50 of the penal law; [or] an armed felony
 as defined in paragraph (a) of subdivision forty-one of section 1.20  of
 this  chapter;  OR LEAVING THE SCENE OF AN ACCIDENT WITHOUT REPORTING AS
 DEFINED IN SECTION SIX HUNDRED  OF THE VEHICLE AND  TRAFFIC  LAW,  WHERE
 SUCH  ACCIDENT  RESULTED  IN  THE DEATH OF ANOTHER PERSON, to the family
 court pursuant to the provisions of article seven hundred twenty-five of
 this title if the court finds one or more of the following factors:  (i)
 mitigating circumstances that bear directly upon the manner in which the
 crime  was  committed; (ii) where the defendant was not the sole partic-
 ipant in the crime, the defendant's participation was  relatively  minor
 although  not so minor as to constitute a defense to the prosecution; or
 (iii) possible deficiencies in  the  proof  of  the  crime,  and,  after
 consideration  of  the  factors  set  forth  in  subdivision two of this
 section, the court determined that removal of the action to  the  family
 court would be in the interests of justice.
   §  5. Paragraph (a) of subdivision 2 of section 722.23 of the criminal
 procedure law, as added by section 1-a of part WWW of chapter 59 of  the
 laws of 2017, is amended to read as follows:
   (a) Upon the arraignment of a defendant charged with a crime committed
 when  he  or  she was sixteen or, commencing October first, two thousand
 nineteen, seventeen years of age on a class A felony, other  than  those
 defined  in  article 220 of the penal law, [or] a violent felony defined
 in section 70.02 of the penal law, OR LEAVING THE SCENE OF  AN  ACCIDENT
 WITHOUT  REPORTING  AS DEFINED IN SECTION SIX HUNDRED OF THE VEHICLE AND
 TRAFFIC LAW, WHERE SUCH  ACCIDENT  RESULTED  IN  THE  DEATH  OF  ANOTHER
 PERSON,  the court shall schedule an appearance no later than six calen-
 dar days from such arraignment for the purpose of reviewing the  accusa-
 tory instrument pursuant to this subdivision. The court shall notify the
 district  attorney  and  defendant regarding the purpose of such appear-
 ance.
   § 6. This act shall take effect immediately.