Bill S2918-2011

Increases penalties for leaving the scene of an incident without reporting

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

Details

Actions

  • May 21, 2012: referred to transportation
  • May 21, 2012: DELIVERED TO ASSEMBLY
  • May 21, 2012: PASSED SENATE
  • Apr 25, 2012: ADVANCED TO THIRD READING
  • Apr 19, 2012: 2ND REPORT CAL.
  • Apr 18, 2012: 1ST REPORT CAL.546
  • Jan 4, 2012: REFERRED TO TRANSPORTATION
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 14, 2011: referred to transportation
  • Jun 14, 2011: DELIVERED TO ASSEMBLY
  • Jun 14, 2011: PASSED SENATE
  • Jun 14, 2011: ORDERED TO THIRD READING CAL.1210
  • Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Feb 3, 2011: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 14, 2011
Ayes (18): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Seward, Sampson, Breslin, Dilan, Perkins, Smith, Stewart-Cousins
Ayes W/R (4): Saland, Duane, Krueger, Montgomery
Nays (2): Hassell-Thompson, Parker
VOTE: COMMITTEE VOTE: - Transportation - Apr 18, 2012
Ayes (18): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Adams, Diaz, Kennedy, Smith, Squadron, Stavisky, Valesky
Ayes W/R (1): Perkins

Memo

BILL NUMBER:S2918

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

SUMMARY OF PROVISIONS: This bill amends paragraph c of subdivision 2 of Section 600 of the vehicle and traffic law (VTL) by raising the penalties for leaving the scene of an incident without stopping and/or reporting.

JUSTIFICATION: 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.

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 "E" felony. A conviction on such a charge carries a maximum penalty of four 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 "E" felony. This will be commensurate with charges faced by a drunk driver who causes serious physical injury and remains at the scene.

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 within 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) 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.

Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

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 ________________________________________________________________________ 2918 2011-2012 Regular Sessions IN SENATE February 3, 2011 ___________
Introduced by Sen. GOLDEN -- 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.

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