Bill Text: NY A06520 | 2023-2024 | General Assembly | Introduced
Bill Title: Increases penalties for leaving the scene of an accident involving a death.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced) 2024-01-03 - referred to transportation [A06520 Detail]
Download: New_York-2023-A06520-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6520 2023-2024 Regular Sessions IN ASSEMBLY April 12, 2023 ___________ Introduced by M. of A. SMITH -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the criminal procedure law, in relation to increasing penalties for leaving the scene of an accident without reporting The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known as "Nick's law". 2 § 2. Paragraph c of subdivision 2 of section 600 of the vehicle and 3 traffic law, as amended by chapter 497 of the laws of 2022, is amended 4 to read as follows: 5 c. A violation of the provisions of paragraph a of this subdivision 6 resulting solely from the failure of an operator to exhibit his or her 7 license and insurance identification card for the vehicle or exchange 8 the information required in such paragraph shall constitute a class B 9 misdemeanor punishable by a fine of not less than two hundred fifty nor 10 more than five hundred dollars in addition to any other penalties 11 provided by law. Any subsequent such violation shall constitute a class 12 A misdemeanor punishable by a fine of not less than five hundred nor 13 more than one thousand dollars in addition to any other penalties 14 provided by law. Any violation of the provisions of paragraph a of this 15 subdivision, other than for the mere failure of an operator to exhibit 16 his or her license and insurance identification card for such vehicle or 17 exchange the information required in such paragraph, shall constitute a 18 class A misdemeanor, punishable by a fine of not less than seven hundred 19 fifty dollars nor more than one thousand dollars in addition to any 20 other penalties provided by law. Any such violation committed by a 21 person after such person has previously been convicted of such a 22 violation shall constitute a class E felony, punishable by a fine of not 23 less than one thousand nor more than three thousand dollars in addition 24 to any other penalties provided by law. Any violation of the provisions EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10454-01-3A. 6520 2 1 of paragraph a of this subdivision, other than for the mere failure of 2 an operator to exhibit his or her license and insurance identification 3 card for such vehicle or exchange the information required in such para- 4 graph, where the personal injury involved (i) results in serious phys- 5 ical injury, as defined in section 10.00 of the penal law, shall consti- 6 tute a class E felony, punishable by a fine of not less than one 7 thousand nor more than five thousand dollars in addition to any other 8 penalties provided by law, or (ii) results in death shall constitute a 9 class [D] B felony punishable by a fine of [not less than two thousand10nor more than five] thirty thousand dollars in addition to any other 11 penalties provided by law. 12 § 3. Subdivisions 4 and 5 of section 722.21 of the criminal procedure 13 law, as added by section 1-a of part WWW of chapter 59 of the laws of 14 2017, are amended to read as follows: 15 4. Notwithstanding the provisions of subdivisions two and three of 16 this section, where the defendant is charged with a felony, other than a 17 class A felony defined outside article two hundred twenty of the penal 18 law, a violent felony defined in section 70.02 of the penal law [or], a 19 felony listed in paragraph one or two of subdivision forty-two of 20 section 1.20 of this chapter, or leaving the scene of an accident with- 21 out reporting as defined in section six hundred of the vehicle and traf- 22 fic law, where such accident resulted in the death of another person, 23 except as provided in paragraph (c) of subdivision two of section 722.23 24 of this article, the court shall, upon notice from the district attorney 25 that he or she will not file a motion to prevent removal pursuant to 26 section 722.23 of this article, order transfer of an action against an 27 adolescent offender to the family court pursuant to the provisions of 28 article seven hundred twenty-five of this title, provided, however, 29 notwithstanding any other provision of law, section 308.1 of the family 30 court act shall apply to actions transferred pursuant to this subdivi- 31 sion and such actions shall not be considered removals subject to subdi- 32 vision thirteen of such section 308.1. 33 5. Notwithstanding subdivisions two and three of this section, at the 34 request of the district attorney, the court shall order removal of an 35 action against an adolescent offender charged with an offense listed in 36 paragraph (a) of subdivision two of section 722.23 of this article, to 37 the family court pursuant to the provisions of article seven hundred 38 twenty-five of this title and upon consideration of the criteria speci- 39 fied in subdivision two of section 722.22 of this article, if it is 40 determined that to do so would be in the interests of justice. Where, 41 however, the felony complaint charges the adolescent offender with 42 murder in the second degree as defined in section 125.25 of the penal 43 law, rape in the first degree as defined in subdivision one of section 44 130.35 of the penal law, criminal sexual act in the first degree as 45 defined in subdivision one of section 130.50 of the penal law, [or] an 46 armed felony as defined in paragraph (a) of subdivision forty-one of 47 section 1.20 of this chapter, or leaving the scene of an accident with- 48 out reporting as defined in section six hundred of the vehicle and traf- 49 fic law, where such accident resulted in the death of another person, a 50 determination that such action be removed to the family court shall, in 51 addition, be based upon a finding of one or more of the following 52 factors: (i) mitigating circumstances that bear directly upon the manner 53 in which the crime was committed; or (ii) where the defendant was not 54 the sole participant in the crime, the defendant's participation was 55 relatively minor although not so minor as to constitute a defense to the 56 prosecution; or (iii) possible deficiencies in proof of the crime.A. 6520 3 1 § 4. Subdivision 1 of section 722.22 of the criminal procedure law, as 2 added by section 1-a of part WWW of chapter 59 of the laws of 2017, is 3 amended to read as follows: 4 1. After a motion by a juvenile offender, pursuant to subdivision five 5 of section 722.20 of this article, or after arraignment of a juvenile 6 offender upon an indictment, the court may, on motion of any party or on 7 its own motion: 8 (a) except as otherwise provided by paragraph (b) of this subdivision, 9 order removal of the action to the family court pursuant to the 10 provisions of article seven hundred twenty-five of this title, if, after 11 consideration of the factors set forth in subdivision two of this 12 section, the court determines that to do so would be in the interests of 13 justice; or 14 (b) with the consent of the district attorney, order removal of an 15 action involving an indictment charging a juvenile offender with murder 16 in the second degree as defined in section 125.25 of the penal law; rape 17 in the first degree, as defined in subdivision one of section 130.35 of 18 the penal law; criminal sexual act in the first degree, as defined in 19 subdivision one of section 130.50 of the penal law; [or] an armed felony 20 as defined in paragraph (a) of subdivision forty-one of section 1.20 of 21 this chapter; or leaving the scene of an accident without reporting as 22 defined in section six hundred of the vehicle and traffic law, where 23 such accident resulted in the death of another person, to the family 24 court pursuant to the provisions of article seven hundred twenty-five of 25 this title if the court finds one or more of the following factors: (i) 26 mitigating circumstances that bear directly upon the manner in which the 27 crime was committed; (ii) where the defendant was not the sole partic- 28 ipant in the crime, the defendant's participation was relatively minor 29 although not so minor as to constitute a defense to the prosecution; or 30 (iii) possible deficiencies in the proof of the crime, and, after 31 consideration of the factors set forth in subdivision two of this 32 section, the court determined that removal of the action to the family 33 court would be in the interests of justice. 34 § 5. Paragraph (a) of subdivision 2 of section 722.23 of the criminal 35 procedure law, as added by section 1-a of part WWW of chapter 59 of the 36 laws of 2017, is amended to read as follows: 37 (a) Upon the arraignment of a defendant charged with a crime committed 38 when he or she was sixteen or, commencing October first, two thousand 39 nineteen, seventeen years of age on a class A felony, other than those 40 defined in article 220 of the penal law, [or] a violent felony defined 41 in section 70.02 of the penal law, or leaving the scene of an accident 42 without reporting as defined in section six hundred of the vehicle and 43 traffic law, where such accident resulted in the death of another 44 person, the court shall schedule an appearance no later than six calen- 45 dar days from such arraignment for the purpose of reviewing the accusa- 46 tory instrument pursuant to this subdivision. The court shall notify the 47 district attorney and defendant regarding the purpose of such appear- 48 ance. 49 § 6. This act shall take effect immediately.
