Bill S4030-2013

Provides that a person who leaves the scene of a motor vehicle accident that caused the death of a person or persons shall be presumed to have had a blood alcohol content of .18

Provides that a person who leaves the scene of a motor vehicle accident that caused the death of a person or persons shall be presumed to have had a blood alcohol content of .18 at the time of the accident.

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  • Mar 5, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S4030

TITLE OF BILL: An act to amend the penal law, in relation to leaving the scene of a motor vehicle accident that caused the death of a person or persons

PURPOSE: This bill provides that a person who leaves the scene of a motor vehicle accident that caused the death of a person or persons shall be presumed to have had a blood alcohol content of .18.

SUMMARY OF PROVISIONS: This bill creates the presumption that, when the operator of a motor vehicle is involved in an accident that causes the death of another person, and then flees the scene of such accident, that driver is presumed to have been intoxicated with a .18 blood alcohol content.

The second section of this bill creates the presumption that, when the operator of a motor vehicle is involved in an accident that causes serious physical injury to another person, and then flees the scene of such accident, that driver is presumed to have been intoxicated with a .18 blood alcohol content.

JUSTIFICATION:

This bill fixes a loophole in the penal law that actually rewards drunk drivers who cause an accident and flee the scene until they sober up. This bill addresses the tragedy that occurred in Brooklyn, New York, where a young pregnant couple was killed on the way to the hospital to deliver their baby. The driver who caused the accident fled the scene and was not apprehended until several days later. This bill would create a harsh penalty for such fleeing drivers which will encourage New York State drivers who cause accidents to remain on the scene and allow for a proper law enforcement investigation.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATION:

None. EFFECTIVE DATE:

120 days after it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4030 2013-2014 Regular Sessions IN SENATE March 5, 2013 ___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to leaving the scene of a motor vehicle accident that caused the death of a person or persons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The second undesignated paragraph of section 125.14 of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows: If it is established that the person operating such motor vehicle caused such death or deaths while unlawfully intoxicated or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, then there shall be a rebuttable presumption that, as a result of such 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, such person operated the motor vehicle in a manner that caused such death or deaths, as required by this section and section 125.12 of this article. IF THE PERSON OPERATING SUCH MOTOR VEHICLE LEAVES THE SCENE OF THE ACCIDENT THAT RESULTED IN THE DEATH DESCRIBED IN THIS ARTICLE IN THE MANNER DEFINED IN SUBDIVISION TWO OF SECTION SIX HUNDRED OF THE VEHICLE AND TRAFFIC LAW, THEN HE OR SHE IS PRESUMED TO HAVE BEEN OPERATING THE MOTOR VEHICLE WHILE SUCH PERSON HAS .18 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD AS SHOWN BY CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD, BREATH, URINE OR SALIVA MADE PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-FOUR OF THE VEHICLE AND TRAFFIC LAW, AT THE TIME OF SUCH ACCIDENT. S 2. The second undesignated paragraph of section 120.04-a of the penal law, as amended by chapter 496 of the laws of 2009, is amended to read as follows:
If it is established that the person operating such motor vehicle caused such serious physical injury or injuries while unlawfully intoxi- cated or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, then there shall be a rebuttable presumption that, as a result of such 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, such person operated the motor vehicle in a manner that caused such serious physical injury or injuries, as required by this section and section 120.03 of this arti- cle. IF THE PERSON OPERATING SUCH MOTOR VEHICLE LEAVES THE SCENE OF THE ACCIDENT THAT RESULTED IN THE INJURIES DESCRIBED IN THIS ARTICLE IN THE MANNER DEFINED IN SUBDIVISION TWO OF SECTION SIX HUNDRED OF THE VEHICLE AND TRAFFIC LAW, THEN HE OR SHE IS PRESUMED TO HAVE BEEN OPERATING THE MOTOR VEHICLE WHILE SUCH PERSON HAS .18 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD AS SHOWN BY CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD, BREATH, URINE OR SALIVA MADE PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-FOUR OF THE VEHICLE AND TRAFFIC LAW, AT THE TIME OF SUCH ACCIDENT. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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