S3620-2011 Actions

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

S3620-2011 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.

S3620-2011 Text

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

                                    3620

                         2011-2012 Regular Sessions

                              I N  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07525-01-1

 S. 3620                             2

    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.