Bill S3620-2011

Increases penalties and requires imprisonment for leaving the scene of an incident without reporting

Increases penalties and requires imprisonment for leaving the scene of an accident without reporting.

Details

Actions

  • Jan 4, 2012: REFERRED TO TRANSPORTATION
  • Feb 28, 2011: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S3620

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 accident

PURPOSE:

The purpose of the bill is to increase penalties for leaving the scene of an incident without reporting it.

SUMMARY OF PROVISIONS:

Would require 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 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, and give his or her name and 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. Violation of provisions shall constitute a traffic infraction class A misdemeanor punishable by a fine of not less than five hundred dollars nor more than one thousand dollars and a sentence of imprisonment not less than one year pursuant to subdivision three of section 70.00 of the penal law, in addition to any other penalties provided by law.

EXISTING LAW: 2010: S.555 - Held in Transportation

JUSTIFICATION: Patrol officers respond continuously to calls of vehicle hit and runs both involving property damage and personal injury. In cases involving property damage there is no real repercussion to the offender who has fled the scene and the complaint report is documented as closed and only documented for insurance purposes. Such law and departmental policy leaves virtually more incentive to flee the scene rather than report for someone who has struck a parked vehicle or other property causing extensive damage or an occupied vehicle with potential personal injury for they will only be summoned if apprehended. This law will make leaving the scene of an accident without reporting it a crime and punishable by fine and imprisonment, hopefully a deterrent to this type of behavior.

PRIOR LEGISLATIVE HISTORY:

S.6729 2008 To Committee on Transportation 01/14/08

FISCAL IMPLICATIONS: None.

LOCAL 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 ________________________________________________________________________ 3620 2011-2012 Regular Sessions IN SENATE February 28, 2011 ___________
Introduced by Sen. ADAMS -- 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 acci- dent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 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: 1. Property damage. a. Any person operating a motor vehicle who, know- ing 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 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 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 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] CLASS A MISDEMEANOR 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] NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS AND A SENTENCE OF IMPRISONMENT OF NOT LESS THAN ONE YEAR PURSUANT TO SUBDIVISION THREE OF SECTION 70.00 OF THE PENAL LAW, IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW. S 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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