Bill S117-2009

Increases the penalty for leaving the scene of an incident without reporting such incident

Increases the penalty for leaving the scene of an accident where personal injury is involved without reporting such incident from a class B to a class A misdemeanor; increases the penalty for leaving the scene of an accident where personal injury resulted in death or serious physical injury from a class E to a class C felony; and increases fines therefor.

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  • Jan 6, 2010: REFERRED TO TRANSPORTATION
  • Jan 7, 2009: REFERRED TO TRANSPORTATION

Memo

 BILL NUMBER:  S117

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to the penalty for leaving the scene of an incident resulting in a personal injury

PURPOSE OR GENERAL IDEA OF BILL : To increase the penalty for leaving the scene of an automobile accident that results in a physical injury.

SUMMARY OF SPECIFIC PROVISIONS : Section 1 amends the vehicle and traffic law by increasing the penalty for leaving the scene of an incident resulting in physical injury to a class A misdemeanor and for leaving the scene of an incident resulting in death or serious physical injury to a class C felony.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : The current penalty, for leaving the scene of an accident involving a physical injury, is a class B misdemeanor with a fine between two hundred fifty ($250.00) and five hundred dollars ($500.00) for the first violation and a class A misdemeanor with a fine of between five hundred ($500.00) and one-thousand dollars ($1,000.00) for subsequent violations. This bill would require any violation of the statute to be punishable with a class A misdemeanor and a fine between five hundred ($500.00) and one-thousand dollars ($1,000.00).

The penalty, for leaving the scene of an accident involving a serious physical injury or death, is currently a class E felony. This bill would change the penalty to a class C felony.

JUSTIFICATION : Automobile accidents are one of the principle causes of fatalities and serious physical injuries in New York each year. In New York, during 2000 alone, over fourteen hundred people died in automobile accidents and approximately three hundred thousand were physically injured.

A significant number of accidents resulting in physical injury involved a party that leaves the scene of an accident without reporting information required by the statute to authorities. The statue not only requires a driver at fault to present pertinent information to the injured party, but also requires that driver to report the accident to the police in a timely manner. By reporting the injury to the police, the statute seeks to ensure that skilled medical professionals can respond to the accident within a reasonable period. By failing to make sure medical care is provided by reporting the accident to the authorities, a driver that does not report the accident jeopardizes the health of those that were injured in the accident.

LEGISLATIVE HISTORY : S.2093 of 2007 01/31/08 Referred to Transportation

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None.

EFFECTIVE DATE : This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 117 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. SAMPSON -- 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 the penalty for leaving the scene of an incident resulting in a personal injury THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph c of subdivision 2 of section 600 of the vehicle and traffic law, as amended by chapter 49 of the laws of 2005, is amended to read as follows: c. [A] ANY violation of the provisions of paragraph a of this subdivi- sion 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] A misdemeanor punishable by a fine of not less than [two] FIVE hundred [fifty] nor more than [five hundred] ONE THOUSAND 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 addi- tion 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, 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, punish- able 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 card for such vehicle or exchange the information required in such paragraph, 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] C felony, punisha- ble 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 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. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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