NY State Senate Bill 2015-S130

Senate Bill S130

2015-2016 Legislative Session

Increases penalties and requires imprisonment for leaving the scene of an incident without reporting; presumption of avoiding prosecution for DUI

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation
Jan 07, 2015	referred to transportation

2015-S130 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§600 & 602, add §600-a, V & T L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2222
2011-2012: S317
2013-2014: S562
2017-2018: S4946

2015-S130 (ACTIVE) - Summary

Increases penalties and requires imprisonment for leaving the scene of an incident without reporting; creates a presumption of avoiding prosecution for DUI when leaving the scene of an incident without reporting within four hours of consuming an alcoholic beverage.

2015-S130 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S130

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to increasing penalties and requiring imprisonment for
leaving the scene of an incident without reporting

 PURPOSE OR GENERAL IDEA OF BILL :

Increases criminal sanctions and fines for traffic law violations in
accordance with leaving the scene of an incident without reporting or
providing relevant identification information. In addition, creates a
new section to recognize leaving the scene of an incident without
reporting after consuming an alcoholic beverage or drug.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends section 600 of the Vehicle and Traffic Law.
Establishes penalties and increases fines for leaving the scene of an
incident without reporting.

Section 2. Amends the Vehicle and Traffic Law by adding a new section
600-a. Establishes penalties for leaving the scene of an incident
without reporting after consuming an alcoholic beverage or drug.

Section 3. Amends Section 602 of the Vehicle and Traffic Law. Makes
technical amendments to current statute.

Section 4. Effective Date

 EXISTING LAW :

Vehicle and Traffic Law; Article 22, Section 600; Accidents and
Accident Reports; Leaving the scene of an incident without reporting

 JUSTIFICATION :

The purpose of this bill is to further deter any person from violating
the regulations of conduct required of them as a licensed driver.

 PRIOR LEGISLATIVE HISTORY :

2014: S.562 - Referred to Transportation
2013: S.562 - Referred to Transportation
2012: S.317 - Referred to Crime Victims, Crime and Correction
2011: S.317 - Notice of Committee Consideration Requested, Committee
Discharged and Committed to Crime Victims, Crime and Correction
2010: S.2222 - Referred to Transportation/A.326 - Enacting Clause
Stricken
2009: S.2222 - Referred to Transportation/A 326 - Referred to
Transportation
2007-08: A.1728 - Referred to Transportation
2005-06: A.4541 - Referred to Transportation
2004: A.10353 - Referred to Transportation

 FISCAL IMPLICATIONS :

To be determined.

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

2015-S130 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   130

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  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  increasing
  penalties and requiring imprisonment for leaving the scene of an inci-
  dent without reporting

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 600 of the vehicle and traffic law, as  amended  by
chapter 49 of the laws of 2005, is amended to read as follows:
  S 600. Leaving  scene  of  an  incident without reporting. 1. Property
damage. a. Any person operating a motor vehicle who, knowing  or  having
cause 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
involving  the motor vehicle operated by such person shall, before leav-
ing 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 sustaining  the  damage,  or  in
case  the person sustaining the damage is not present 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.
  b.  It shall be the duty of any member of a law enforcement agency who
is at the scene of the [accident] INCIDENT to request the said  operator
or operators of the motor vehicles, when physically capable of doing so,
to  exchange  the  information  required [hereinabove] IN PARAGRAPH A OF
THIS SUBDIVISION and such member  of  a  law  enforcement  agency  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01120-01-5

S. 130                              2

assist such operator or operators in making such exchange of information
in a reasonable and harmonious manner.
  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 IDENTIFICATION CARD FOR THE VEHICLE OR EXCHANGE THE INFORMA-
TION  REQUIRED  IN  SUCH PARAGRAPH shall constitute a traffic infraction
punishable by a fine of [up to] NOT LESS THAN two hundred fifty  dollars
NOR  MORE THAN FIVE HUNDRED DOLLARS or a sentence of imprisonment for up
to fifteen days or both such fine and imprisonment.   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 MISDEMEANOR PUNISHABLE BY
A FINE OF NOT LESS THAN FIVE  HUNDRED  DOLLARS  NOR  MORE  THAN  FIFTEEN
HUNDRED  DOLLARS  AND  A SENTENCE OF IMPRISONMENT OF NOT MORE THAN THREE
MONTHS, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
  2. Personal injury. a. Any person operating a motor vehicle who, know-
ing or having cause to know that personal  injury  has  been  caused  to
another  person, due to an incident involving the motor vehicle operated
by such person shall, before leaving the place where the  said  personal
injury  occurred,  stop,  exhibit his or her license and insurance iden-
tification card for such vehicle, when such card is required pursuant to
articles six and eight of this chapter, and give his or her name,  resi-
dence,  including street and street number, insurance carrier and insur-
ance 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  offi-
cer,  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 officer.
  b. It shall be the duty of any member of a law enforcement agency  who
is  at the scene of the [accident] INCIDENT to request the said operator
or operators of the motor vehicles, when physically capable of doing so,
to exchange the information required [hereinabove]  IN  PARAGRAPH  A  OF
THIS  SUBDIVISION  and  such  member  of  a law enforcement agency shall
assist such operator or operators in making such exchange of information
in a reasonable and harmonious manner.
  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]
FIVE  HUNDRED  nor  more than [five hundred] ONE THOUSAND dollars, AND A
SENTENCE OF IMPRISONMENT OF NOT MORE THAN ONE YEAR, in addition  to  any
other  penalties  provided by law. Any subsequent [such] violation shall
constitute a [class A misdemeanor] FELONY punishable by a  fine  of  not
less  than  [five  hundred] TWENTY-FIVE HUNDRED nor more than [one thou-
sand] FIVE THOUSAND dollars, AND A SENTENCE OF IMPRISONMENT OF NOT  LESS
THAN  ONE  YEAR, 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] FELONY, punishable  by  a  fine  of  not  less  than  [five
hundred] ONE THOUSAND dollars nor more than [one thousand] FIVE THOUSAND
dollars  in  addition  to  any other penalties provided by law. Any such

S. 130                              3

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] TWENTY-FIVE HUNDRED
nor  more  than [two] FIVE thousand five hundred dollars [in addition to
any other penalties provided by law], AND A SENTENCE OF IMPRISONMENT  OF
NOT  LESS  THAN ONE YEAR, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY
LAW.  Any violation of the provisions of paragraph a  of  this  subdivi-
sion,  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] 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 FOR
A CLASS D FELONY, or (ii) results in death shall constitute a [class  D]
felony  punishable  by  a  fine of not less than [two] FIVE thousand nor
more than [five] TEN thousand dollars in addition to any other penalties
provided by law FOR  A CLASS C FELONY.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
600-a to read as follows:
  S  600-A.  LEAVING  THE  SCENE  OF AN INCIDENT WITHOUT REPORTING AFTER
CONSUMING AN ALCOHOLIC BEVERAGE OR DRUG; PRESUMPTION. 1. ANY PERSON  WHO
VIOLATES  PARAGRAPH  A OF SUBDIVISION ONE OF SECTION SIX HUNDRED OF THIS
ARTICLE WITHIN FOUR HOURS AFTER CONSUMING AN ALCOHOLIC BEVERAGE OR  DRUG
AS  DEFINED  IN THIS CHAPTER SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE
BY A FINE OF NOT LESS THAN THREE HUNDRED DOLLARS  NOR  MORE  THAN  SEVEN
HUNDRED  FIFTY  DOLLARS  AND A SENTENCE OF IMPRISONMENT OF NOT LESS THAN
THIRTY DAYS NOR MORE THAN NINETY DAYS, AND SHALL  BE  PRESUMED  TO  HAVE
COMMITTED  THE VIOLATION TO AVOID PROSECUTION FOR A VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER.
  2. ANY PERSON WHO VIOLATES PARAGRAPH B OF SUBDIVISION TWO  OF  SECTION
SIX  HUNDRED  OF THIS ARTICLE WITHIN FOUR HOURS AFTER CONSUMING AN ALCO-
HOLIC BEVERAGE OR DRUG AS DEFINED IN THIS CHAPTER SHALL BE GUILTY  OF  A
MISDEMEANOR  PUNISHABLE  BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS
NOR MORE THAN ONE THOUSAND DOLLARS AND A SENTENCE  OF  IMPRISONMENT  FOR
NOT  LESS  THAN  THREE  MONTHS  NOR  MORE  THAN ONE   YEAR, AND SHALL BE
PRESUMED TO HAVE COMMITTED THE VIOLATION  TO  AVOID  PROSECUTION  FOR  A
VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER.
  S 3. Section 602 of the vehicle and traffic law, as amended by chapter
843 of the laws of 1980, is amended to read as follows:
  S 602. Arrest  for  violations  of sections six hundred, SIX HUNDRED-A
and six hundred one. A peace officer, acting  pursuant  to  his  OR  HER
special  duties,  or  a  police officer may, without a warrant, arrest a
person, in case  of  violation  of  section  six  hundred,  SECTION  SIX
HUNDRED-A  and  section six hundred one, which in fact have been commit-
ted, though not in his OR HER presence, when he OR  SHE  has  reasonable
cause to believe that the violation was committed by such person.
  S 4. 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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