S1698A-2013 Actions

• Mar 25, 2013: referred to transportation
• Mar 25, 2013: DELIVERED TO ASSEMBLY
• Mar 25, 2013: PASSED SENATE
• Mar 21, 2013: ADVANCED TO THIRD READING
• Mar 20, 2013: 2ND REPORT CAL.
• Mar 19, 2013: 1ST REPORT CAL.247
• Mar 13, 2013: PRINT NUMBER 1698A
• Mar 13, 2013: AMEND AND RECOMMIT TO TRANSPORTATION
• Jan 9, 2013: REFERRED TO TRANSPORTATION

S1698A-2013 Meetings

S1698A-2013 Calendars

S1698A-2013 Votes

S1698A-2013 Memo

BILL NUMBER:S1698A

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

PURPOSE:  This bill amends subdivisions 1 and 2 of Section 600 of the
vehicle and traffic law (VTL) in relation to leaving the scene of an
incident without reporting to include operating a vehicle while under
the influence of alcohol or drugs.

SUMMARY OF PROVISIONS:  Modifies the crime of leaving the scene of an
incident without reporting when a driver is intoxicated by creating a
duty to investigate when a driver knows or has reason to know that he
or she has collided with a person or property. An intoxicated driver
is presumed to know or have reason to know that he or she has made
contact with a person or property.

EXISTING LAW:  Currently states that a person must knowingly, or have
reason to know that he or she caused personal injury or property
damage to be guilty of leaving the scene of an incident without
reporting.

JUSTIFICATION:  Too often drunk drivers flee the scene of an accident
to avoid being accountable for their actions. In some cases, they
leave seriously injured or dying victims at the scene of impact.
Current law requires that a prosecutor prove that a drunk driver
knowingly or had cause to know that they caused personal injury or
property damage. This law modifies that statue so that drivers
illegally operating their vehicle under the influence of drugs or
alcohol are held responsible when leaving the scene of an accident.

In a recent Erie County criminal case, 18-year-old Alix Rice, while
riding her longboard, was killed by a drunk driver who fled the scene
of the crime. The defendant argued that he was not aware he had hit a
person and his defense team was successful in getting him acquitted on
the felony charge of leaving the scene of an accident. Meanwhile, the
defendant was convicted of operating a vehicle while under the
influence of alcohol.

Drunk driver's are already in violation of the law when operating a
motor vehicle. Additionally, their perception and awareness are
compromised. Because of these factors, the burden should not fall on
the prosecution to prove an intoxicated driver's knowledge of causing
damage to property or injuring other people. Instead, an intoxicated
driver should be held fully accountable whenever an accident occurs.
This bill will presume that an intoxicated driver knew or had reason
to know that damage or injury has occurred and should have stopped to
investigate.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

S1698A-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 1698--A
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced by Sens. GALLIVAN, ADDABBO, KENNEDY, LARKIN, MAZIARZ, RANZEN
 HOFER,  SEWARD,  ZELDIN  --  read  twice and ordered printed, and when
 printed to be committed to the Committee on Transportation --  commit
 tee  discharged, bill amended, ordered reprinted as amended and recom
 mitted to said committee
 

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".
 

S 2.

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 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05649-02-3
 
       S. 1698--A                          2
 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
 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.
 b. It shall be the duty of any member of a law enforcement agency  who
 is  at  the scene of the accident to request the said operator or opera
 tors of the motor vehicles, when physically  capable  of  doing  so,  to
 exchange  the  information required hereinabove 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.
 A violation of the provisions of paragraph a of this subdivision shall
 constitute  a  traffic  infraction  punishable  by  a  fine of up to two
 hundred fifty dollars or a sentence of imprisonment for  up  to  fifteen
 days or both such fine and imprisonment.
 2. Personal injury. a. Any person operating a motor vehicle who, know
 ing  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 INVESTI
 GATION 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 pursuant to articles six and eight of this chap
 ter, 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 officer.  A PERSON OPERATING A MOTOR
 VEHICLE IN VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS  CHAP
 TER,  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 CONTACT AND 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.
 b.  It shall be the duty of any member of a law enforcement agency who
 is at the scene of the accident to request the said operator  or  opera
 tors  of  the  motor  vehicles,  when physically capable of doing so, to
 exchange the information required hereinabove 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
 
       S. 1698--A                          3
 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
 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  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 3. This act shall take effect immediately.

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