Bill Text: NY A06745 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to aggravated leaving the scene of an incident without reporting it; also relates to operating a vehicle while under the influence of alcohol or drugs.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2017-03-16 - referred to transportation [A06745 Detail]
Download: New_York-2017-A06745-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6745 2017-2018 Regular Sessions IN ASSEMBLY March 16, 2017 ___________ Introduced by M. of A. GRAF, MONTESANO, GIGLIO, McDONOUGH, ERRIGO -- Multi-Sponsored by -- M. of A. THIELE -- read once and referred 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: 1 Section 1. Section 600 of the vehicle and traffic law, as amended by 2 chapter 49 of the laws of 2005, is amended to read as follows: 3 § 600. Leaving scene of an incident without reporting. 1. Property 4 damage. a. Any person operating a motor vehicle who, knowing or having 5 cause to know that the motor vehicle operated by such person has come in 6 contact with a person, real property or personal property, has a duty to 7 perform a reasonable and good faith investigation of the incident and if 8 as a result of such investigation such person knows or has reason to 9 know that damage has been caused to the real property or to the personal 10 property, not including animals, of another, due to [an incident involv-11ing] the contact of the motor vehicle operated by such person, such 12 person shall, before leaving the place where the damage occurred, stop, 13 exhibit his or her license and insurance identification card for such 14 vehicle, when such card is required pursuant to articles six and eight 15 of this chapter, and give his or her name, residence, including street 16 and number, insurance carrier and insurance identification information 17 including but not limited to the number and effective dates of said 18 individual's insurance policy, and license number to the party sustain- 19 ing the damage, or in case the person sustaining the damage is not pres- 20 ent at the place where the damage occurred then he or she shall report 21 the same as soon as physically able to the nearest police station, or 22 judicial officer. A person operating a motor vehicle in violation of 23 section eleven hundred ninety-two of this chapter, that came into 24 contact with a person, real property, or personal property, that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01790-01-7A. 6745 2 1 resulted in damage to real property or to the personal property, not 2 including animals of another, shall be presumed to have known or have 3 cause to know of such contact and of such damage, unless such person 4 shows that they would not have known or have cause to know of such 5 contact and of such injury regardless of intoxication or impairment by 6 the use of alcohol or a drug, or by the combined influence of drugs or 7 of alcohol and any drug or drugs. 8 b. It shall be the duty of any member of a law enforcement agency who 9 is at the scene of the accident to request the said operator or opera- 10 tors of the motor vehicles, when physically capable of doing so, to 11 exchange the information required hereinabove and such member of a law 12 enforcement agency shall assist such operator or operators in making 13 such exchange of information in a reasonable and harmonious manner. 14 A violation of the provisions of paragraph a of this subdivision shall 15 constitute a traffic infraction punishable by a fine of up to two 16 hundred fifty dollars or a sentence of imprisonment for up to fifteen 17 days or both such fine and imprisonment. 18 2. Personal injury. a. Any person operating a motor vehicle who, know- 19 ing or having cause to know that the motor vehicle operated by such 20 person has come in contact with a person, real property or personal 21 property, has a duty to perform a reasonable and good faith investi- 22 gation of the incident and if as a result of such investigation such 23 person knows or has reason to know that personal injury has been caused 24 to another person, due to [an incident involving] the contact of the 25 motor vehicle operated by such person, such person shall, before leaving 26 the place where the said personal injury occurred, stop, exhibit his or 27 her license and insurance identification card for such vehicle, when 28 such card is required pursuant to articles six and eight of this chap- 29 ter, and give his or her name, residence, including street and street 30 number, insurance carrier and insurance identification information 31 including but not limited to the number and effective dates of said 32 individual's insurance policy and license number, to the injured party, 33 if practical, and also to a police officer, or in the event that no 34 police officer is in the vicinity of the place of said injury, then, he 35 or she shall report said incident as soon as physically able to the 36 nearest police station or judicial officer. A person operating a motor 37 vehicle in violation of section eleven hundred ninety-two of this chap- 38 ter, that came into contact with a person, real property, or personal 39 property, that resulted in injury to another person, shall be presumed 40 to have known or have cause to know of such contact and of such injury, 41 unless such person shows that they would not have known or have cause to 42 know of such contact and of such injury regardless of intoxication or 43 impairment by the use of alcohol or a drug, or by the combined influence 44 of drugs or of alcohol and any drug or drugs. 45 b. It shall be the duty of any member of a law enforcement agency who 46 is at the scene of the accident to request the said operator or opera- 47 tors of the motor vehicles, when physically capable of doing so, to 48 exchange the information required hereinabove and such member of a law 49 enforcement agency shall assist such operator or operators in making 50 such exchange of information in a reasonable and harmonious manner. 51 c. A violation of the provisions of paragraph a of this subdivision 52 resulting solely from the failure of an operator to exhibit his or her 53 license and insurance identification card for the vehicle or exchange 54 the information required in such paragraph shall constitute a class B 55 misdemeanor punishable by a fine of not less than two hundred fifty nor 56 more than five hundred dollars in addition to any other penaltiesA. 6745 3 1 provided by law. Any subsequent such violation shall constitute a class 2 A misdemeanor punishable by a fine of not less than five hundred nor 3 more than one thousand dollars in addition to any other penalties 4 provided by law. Any violation of the provisions of paragraph a of this 5 subdivision, other than for the mere failure of an operator to exhibit 6 his or her license and insurance identification card for such vehicle or 7 exchange the information required in such paragraph, shall constitute a 8 class [A misdemeanor] E felony, punishable by a fine of not less than 9 [five hundred] one thousand dollars nor more than one thousand five 10 hundred dollars in addition to any other penalties provided by law. [Any11such violation committed by a person after such person has previously12been convicted of such a violation shall constitute a class E felony,13punishable by a fine of not less than one thousand nor more than two14thousand five hundred dollars in addition to any other penalties15provided by law.] Any violation of the provisions of paragraph a of this 16 subdivision, other than for the mere failure of an operator to exhibit 17 his or her license and insurance identification card for such vehicle or 18 exchange the information required in such paragraph, where the personal 19 injury involved (i) results in serious physical injury, as defined in 20 section 10.00 of the penal law, shall constitute a class [E] D felony, 21 punishable by a fine of not less than one thousand five hundred nor more 22 than five thousand five hundred dollars in addition to any other penal- 23 ties provided by law, or (ii) results in death shall constitute a class 24 [D] C felony punishable by a fine of not less than two thousand nor more 25 than five thousand five hundred dollars in addition to any other penal- 26 ties provided by law. 27 § 2. The vehicle and traffic law is amended by adding a new section 28 600-a to read as follows: 29 § 600-a. Aggravated leaving the scene of an incident without report- 30 ing. A person is guilty of aggravated leaving the scene of an incident 31 without reporting when he or she leaves the scene of an incident without 32 reporting, as defined by section six hundred of this article, and: 33 1. has previously been convicted of leaving the scene of an incident 34 without reporting, as defined by section six hundred of this article; or 35 2. has previously been convicted of a violent felony offense as 36 defined by section 70.02 of the penal law within the past ten years; or 37 3. has previously been convicted of violating sections 120.03 (vehicu- 38 lar assault in the second degree), 120.04 (vehicular assault in the 39 first degree), or 120.04-a (aggravated vehicular assault), 125.10 40 (criminally negligent homicide), 125.11 (aggravated criminally negligent 41 homicide), 125.12 (vehicular manslaughter in the second degree), 125.13 42 (vehicular manslaughter in the first degree), 125.14 (aggravated vehicu- 43 lar homicide), 125.15 (manslaughter in the second degree), 125.20 44 (manslaughter in the first degree), 125.21 (aggravated manslaughter in 45 the second degree), 125.22 (aggravated manslaughter in the first 46 degree), 125.25 (murder in the second degree), 125.26 (aggravated 47 murder), 125.27 (murder in the first degree) of the penal law within the 48 past ten years; 49 4. has previously been convicted of violating section one thousand two 50 hundred twelve of this chapter, within the past ten years; or 51 5. knows or has reason to know that his or her license or his or her 52 privilege to operate a motor vehicle in another state or his or her 53 privilege of obtaining a license to operate a motor vehicle in another 54 state is suspended or revoked based upon a conviction in such other 55 state for an offense which would, if committed in this state, constituteA. 6745 4 1 a violation of any of the provisions of section one thousand one hundred 2 ninety-two of this chapter; or 3 6. knows or has reason to know that his or her license or his or her 4 privilege of operating a motor vehicle in this state or his or her priv- 5 ilege of obtaining a license issued by the commissioner is suspended or 6 revoked and such suspension or revocation is based upon either a refusal 7 to submit to a chemical test pursuant to section one thousand one 8 hundred ninety-four of this chapter, or following a conviction for 9 violation of any of the provisions of section one thousand one hundred 10 ninety-two of this chapter; or 11 7. has previously been convicted of violating any of the provisions of 12 section one thousand one hundred ninety-two of this chapter within the 13 past ten years, provided that, for the purposes of this subdivision, a 14 conviction in any other state or jurisdiction for an offense which, if 15 committed in this state, would constitute a violation of section one 16 thousand one hundred ninety-two of this chapter, shall be treated as if 17 the violation occurred in this state. 18 A violation of this section, resulting in property damage, shall 19 constitute a class D felony, punishable by a fine of not less than one 20 thousand five hundred dollars, nor more than five thousand five hundred 21 dollars, in addition to any other penalties provided by law. 22 A violation of this section, resulting in serious physical injury, as 23 defined by section 10.00 of the penal law, shall constitute a class C 24 felony, punishable by a fine of not less than two thousand five hundred 25 dollars, nor more than five thousand five hundred dollars, in addition 26 to any other penalties provided by law. 27 A violation of this section, resulting in death, shall constitute a 28 class B felony, punishable by a fine of not less than three thousand 29 five hundred dollars, nor more than five thousand five hundred dollars, 30 in addition to any other penalties provided by law. 31 § 3. This act shall take effect immediately. Provided however, 32 section two of this act shall only apply when the underlying conviction 33 occurred on or after the effective date of this act.
