Bill S4060-2013

Includes leaving the scene of an accident within the crimes of aggravated vehicular manslaughter and aggravated vehicular assault when physical injury or death occurs to a person or persons

Includes leaving the scene of an accident within the crimes of aggravated vehicular manslaughter and aggravated vehicular assault when physical injury or death occurs to a person or persons.

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  • Mar 6, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S4060

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

PURPOSE: This bill includes leaving the scene of an accident within the crimes of aggravated vehicular manslaughter and aggravated vehicular assault when physical injury or death occurs to a person or persons.

SUMMARY OF PROVISIONS: This bill adds the act of leaving the scene of an accident to the list of actions that are prohibited in the crime of Aggravated Vehicular Homicide.

The second section of this bill adds the act of leaving the scene of an accident to the list of actions that are prohibited in Aggravated Vehicular Assault.

JUSTIFICATION: This bill addresses the tragedy that occurred in Brooklyn, New York, where a young pregnant couple was killed on their way to the hospital. Although their unborn baby survived the accident, he died soon thereafter. The driver who caused the fatal accident fled the scene, leaving law enforcement to scour the City of New York for him. This bill would make leaving the scene of an accident that caused the death of a person a Class B felony, subjecting the perpetrator to up to 25 years in state prison. Additionally, if a perpetrator leaves the scene of an accident that caused serious physical injury, he would face up to 15 years in state prison. The severity of these new penalties sends the message that New Yorkers do not tolerate that behavior. It also creates the incentive to remain on the scene and allow law enforcement to conduct their investigation.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION: None.

EFFECTIVE DATE: 120 days after it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4060 2013-2014 Regular Sessions IN SENATE March 6, 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 resulted in physical injury or 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. Subdivisions 6 and 7 of section 125.14 of the penal law, subdivision 6 as amended and subdivision 7 as added by chapter 496 of the laws of 2009, are amended and a new subdivision 8 is added to read as follows: (6) has previously been convicted of violating any provision of this article or article one hundred twenty of this title involving the opera- tion of a motor vehicle, or was convicted in any other state or juris- diction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty of this title; [or] (7) commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes the death of such child[.]; OR (8) COMMITS SUCH CRIME AND THEN LEAVES THE SCENE OF THE ACCIDENT IN THE MANNER DEFINED IN SUBDIVISION TWO OF SECTION SIX HUNDRED OF THE VEHICLE AND TRAFFIC LAW. S 2. Subdivisions 5 and 6 of section 120.04-a of the penal law, subdi- vision 5 as amended and subdivision 6 as added by chapter 496 of the laws of 2009, are amended and a new subdivision 7 is added to read as follows: (5) has previously been convicted of violating any provision of this article or article one hundred twenty-five of this title involving the operation of a motor vehicle, or was convicted in any other state or jurisdiction of an offense involving the operation of a motor vehicle
which, if committed in this state, would constitute a violation of this article or article one hundred twenty-five of this title; [or] (6) commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes serious physical injury to such child[.]; OR (7) COMMITS SUCH CRIME AND THEN LEAVES THE SCENE OF THE ACCIDENT IN THE MANNER DEFINED IN SUBDIVISION TWO OF SECTION SIX HUNDRED OF THE VEHICLE AND TRAFFIC LAW. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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