Bill S2503-2013

Increases penalties for leaving the scene of an incident without reporting

Increases penalties for leaving the scene of an incident without reporting.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Feb 12, 2013: referred to transportation
  • Feb 11, 2013: DELIVERED TO ASSEMBLY
  • Feb 11, 2013: PASSED SENATE
  • Feb 5, 2013: ADVANCED TO THIRD READING
  • Feb 4, 2013: 2ND REPORT CAL.
  • Jan 29, 2013: 1ST REPORT CAL.23
  • Jan 18, 2013: REFERRED TO TRANSPORTATION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jan 29, 2013
Ayes (19): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Smith, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson

Memo

BILL NUMBER:S2503

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

PURPOSE: The purpose of this bill is to strengthen penalties for motorists who leave the scene of an accident where injury occurs and where it is culprit's first offense of this kind.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 600(c)(2) of the Vehicle and Traffic Law concerning leaving the scene of an accident without reporting. The penalty for leaving the scene of an accident without reporting where there is property damage is increased from an "A" misdemeanor to a "E" felony. The minimum and maximum fines that may be imposed are also increased to $1,000 and $1,500, respectively. The penalty for repeat offenders is increased from an "E" felony to a "D" felony. The minimum and maximum fines that may be imposed are also increased to $1,500 and $3,000, respectively. The penalty for leaving the scene of an accident when the accident resulted in serious bodily injury is increased from an "E" felony to a "D" felony. The minimum and maximum fines that may be imposed are also increased to $1,500 and $5,500, respectively. The penalty for leaving the scene of an accident when the accident resulted in death is increased from an "D" felony to a "C" felony. The minimum and maximum fines that may be imposed are also increased to $2,500 and $5,500, respectively.

EXISTING LAW: The current penalty for the first offense of leaving the scene of an incident without reporting where personal injury occurs, under the VTL, is an "A" misdemeanor with a maximum penalty of one year of imprisonment. A driver faces charges of an "E" felony only for a subsequent offense, or if a victim suffers "serious physical injury" as defined by Section 10.00 of the penal law.

JUSTIFICATION: If a driver remains at the scene of an accident where injury occurs and is intoxicated or impaired by drugs or a combination of drugs and alcohol, he or she can be charged with an "D" felony. A conviction on such a charge carries a maximum penalty of.up to 7 years of imprisonment. This legislation proposes that all penalties for leaving the scene of an incident without reporting be increased. By doing so, the first-time offender causing injury faces charges of an "D" felony. This will be commensurate with charges faced by a drunk driver who causes serious physical injury and remains at the scene. Likewise an offender who leaves the scene of an accident resulting in death will face a "C" felony which will be commensurate with charges faced by a drunk driver of an accident resulting in death and remains at the scene resulting in a sentence of up to 15 years of imprisonment.

Penalties should not be less severe for a driver who injures others and leaves the scene, and the law should provide a disincentive for such behavior. Although the New York State Legislature increased all penalties under VTL Section 600(2) in amendments that became effective November 2005, this has had arguably little impact upon incidences of

hit- and-run accidents. within New York City, there were 33 hit-and-run fatalities in 2005 and 28 fatalities in 2006. Within New York State, there were 171 people killed in fatal collisions involving hit and runs in 2006. Indeed, many high-profile hit-and-run accidents resulting in injury or death have been reported by the media over the past year with- in the five boroughs. Stronger action is clearly required, and additional increases are warranted.

Increasing all penalties for leaving the scene under VTL section 600(2)(c) will deter drivers from leaving injured victims on the road, facilitate police investigation, and permit chemical testing of drivers by the police in cases where such testing is warranted.

LEGISLATIVE HISTORY: S.2918 of 2011- Passed Senate 05/21/12

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

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


Text

STATE OF NEW YORK ________________________________________________________________________ 2503 2013-2014 Regular Sessions IN SENATE January 18, 2013 ___________
Introduced by Sens. GOLDEN, FUSCHILLO, BOYLE, FLANAGAN, LAVALLE, MARCEL- LINO, MARTINS, ZELDIN -- 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 for 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. 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 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] E FELONY, punishable by a fine of not less than [five hundred] ONE THOUSAND dollars nor more than one thousand FIVE HUNDRED 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] D felo- ny, punishable by a fine of not less than one thousand FIVE HUNDRED nor more than [two] THREE 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 inju- ry, as defined in section 10.00 of the penal law, shall constitute a class [E] D felony, punishable by a fine of not less than one thousand FIVE HUNDRED nor more than five thousand FIVE HUNDRED dollars in addi- tion to any other penalties provided by law, or (ii) results in death shall constitute a class [D] C felony punishable by a fine of not less than two thousand FIVE HUNDRED nor more than five thousand FIVE HUNDRED 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus