Bill S4188-2013

Increases the penalty for leaving the scene of an incident without reporting

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

Details

Actions

  • Mar 27, 2014: ADVANCED TO THIRD READING
  • Mar 26, 2014: 2ND REPORT CAL.
  • Mar 25, 2014: 1ST REPORT CAL.350
  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 11, 2013: referred to transportation
  • Jun 11, 2013: DELIVERED TO ASSEMBLY
  • Jun 11, 2013: PASSED SENATE
  • Jun 10, 2013: ORDERED TO THIRD READING CAL.1192
  • Jun 10, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 13, 2013: REFERRED TO TRANSPORTATION

Votes

VOTE: COMMITTEE VOTE: - Transportation - Mar 25, 2014
Ayes (19): Robach, Marcellino, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Avella, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson

Memo

BILL NUMBER:S4188

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to leaving the scene of an incident without reporting

PURPOSE:

To increase the penalty for leaving the scene of an incident without reporting when there is serious physical injury or death

SUMMARY OF PROVISIONS:

Section 1: amends paragraph c of subdivision 2 of section 600 of the vehicle and traffic law, as amended by chapter 49 of the laws of 2005 by elevating the penalty from a class E felony to a class D felony when there is serious physical injury, and by elevating the penalty from a class D felony to a class C felony when there is a death.

Section 2: effective date; this act shall take effect on the one hundred twentieth day after it shall have become a law.

JUSTIFICATION:

Leaving the scene of an incident involving serious physical injury or death is now a pervasive problem on our roadways. Most often, the drivers who "hit and run" in these instances are actually under the influence of alcohol and/or drugs. By fleeing, alcohol and/or drugs cannot be readily detected as they would be if the driver remained at the scene. Thus, these drivers successfully avoid being arrested for the more serious crimes of Aggravated Vehicular Homicide or Vehicular Manslaughter which have a maximum jail sentence of 25 years or 15 years, respectively.

Currently, leaving the scene crimes are punishable by a maximum of four years when there is serious physical injury (class E felony) or a maximum of 7 years when a death occurs (class D felony).

Changing the classification of felony for each crime would result in an increase in penalty. Exposure to more jail time is always a step in the right direction to deter the commission of crimes. Elevating the felony class for each of these offenses by one level as proposed in the bill, would make the punishment more commensurate with the crimes. The Suffolk County District Attorney has been calling for an, increase in penalties for these types of crimes. Serious physical injury and death are reason enough for increased jail time. We must give District Attorneys the tools they need to help get these violators off our roads for a longer time, and to help deter future crimes of this nature.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This bill shall take effect on the one hundred twentieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4188 2013-2014 Regular Sessions IN SENATE March 13, 2013 ___________
Introduced by Sen. FLANAGAN -- 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 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, punishable by a fine of not less than five hundred dollars nor more than one thousand 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 felony, punishable by a fine of not less than one thousand nor more than two 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 para- graph, where the personal injury involved (i) results in serious phys- ical injury, as defined in section 10.00 of the penal law, shall consti- tute a class [E] D felony, punishable by a fine of not less than one thousand nor more than five thousand dollars in addition 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 nor more than five thousand dollars in addition to any other penalties provided by law. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus