Bill Text: NY A10754 | 2011-2012 | General Assembly | Amended
Bill Title: Enacts "Alix's law"; relates to leaving the scene of an incident without reporting it; also relates to operating a vehicle while under the influence of alcohol or drugs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-10-12 - print number 10754a [A10754 Detail]
Download: New_York-2011-A10754-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10754--A
I N A S S E M B L Y
June 18, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gabryszak)
-- read once and referred to the Committee on Transportation --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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. This act shall be known and may be cited as "Alix's Law".
2 S 2. Section 600 of the vehicle and traffic law, as amended by chapter
3 49 of the laws of 2005, is amended to read as follows:
4 S 600. Leaving scene of an incident without reporting. 1. Property
5 damage. a. Any person operating a motor vehicle who, knowing or having
6 cause to know that THE MOTOR VEHICLE OPERATED BY SUCH PERSON HAS COME IN
7 CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, HAS A DUTY TO PERFORM A
8 REASONABLE AND GOOD FAITH INVESTIGATION OF THE INCIDENT AND IF AS A
9 RESULT OF SUCH INVESTIGATION SUCH PERSON KNOWS OR HAS REASON TO KNOW
10 THAT damage has been caused to the real property or to the personal
11 property, not including animals, of another, due to [an incident involv-
12 ing] THE CONTACT OF the motor vehicle operated by such person, SUCH
13 PERSON shall, before leaving the place where the damage occurred, stop,
14 exhibit his or her license and insurance identification card for such
15 vehicle, when such card is required pursuant to articles six and eight
16 of this chapter, and give his or her name, residence, including street
17 and number, insurance carrier and insurance identification information
18 including but not limited to the number and effective dates of said
19 individual's insurance policy, and license number to the party sustain-
20 ing the damage, or in case the person sustaining the damage is not pres-
21 ent at the place where the damage occurred then he or she shall report
22 the same as soon as physically able to the nearest police station, or
23 judicial officer. A PERSON OPERATING A MOTOR VEHICLE IN VIOLATION OF
24 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, THAT CAME INTO
25 CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, THAT RESULTED IN DAMAGE
26 TO REAL PROPERTY OR TO THE PERSONAL PROPERTY, NOT INCLUDING ANIMALS OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16137-06-2
A. 10754--A 2
1 ANOTHER, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH
2 CONTACT AND OF SUCH DAMAGE, UNLESS SUCH PERSON SHOWS THAT THEY WOULD NOT
3 HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH CONTACT AND OF SUCH INJURY
4 REGARDLESS OF INTOXICATION OR IMPAIRMENT BY THE USE OF ALCOHOL OR A
5 DRUG, OR BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG
6 OR DRUGS.
7 b. It shall be the duty of any member of a law enforcement agency who
8 is at the scene of the accident to request the said operator or opera-
9 tors of the motor vehicles, when physically capable of doing so, to
10 exchange the information required hereinabove and such member of a law
11 enforcement agency shall assist such operator or operators in making
12 such exchange of information in a reasonable and harmonious manner.
13 A violation of the provisions of paragraph a of this subdivision shall
14 constitute a traffic infraction punishable by a fine of up to two
15 hundred fifty dollars or a sentence of imprisonment for up to fifteen
16 days or both such fine and imprisonment.
17 2. Personal injury. a. Any person operating a motor vehicle who, know-
18 ing or having cause to know that THE MOTOR VEHICLE OPERATED BY SUCH
19 PERSON HAS COME IN CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, HAS A
20 DUTY TO PERFORM A REASONABLE AND GOOD FAITH INVESTIGATION OF THE INCI-
21 DENT AND IF AS A RESULT OF SUCH INVESTIGATION SUCH PERSON KNOWS OR HAS
22 REASON TO KNOW THAT personal injury has been caused to another person,
23 due to [an incident involving] THE CONTACT OF the motor vehicle operated
24 by such person, SUCH PERSON shall, before leaving the place where the
25 said personal injury occurred, stop, exhibit his or her license and
26 insurance identification card for such vehicle, when such card is
27 required pursuant to articles six and eight of this chapter, and give
28 his or her name, residence, including street and street number, insur-
29 ance carrier and insurance identification information including but not
30 limited to the number and effective dates of said individual's insurance
31 policy and license number, to the injured party, if practical, and also
32 to a police officer, or in the event that no police officer is in the
33 vicinity of the place of said injury, then, he or she shall report said
34 incident as soon as physically able to the nearest police station or
35 judicial officer. A PERSON OPERATING A MOTOR VEHICLE IN VIOLATION OF
36 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, THAT CAME INTO
37 CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, THAT RESULTED IN INJURY
38 TO ANOTHER PERSON, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW
39 OF SUCH CONTACT AND OF SUCH INJURY, UNLESS SUCH PERSON SHOWS THAT THEY
40 WOULD NOT HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH CONTACT AND OF SUCH
41 INJURY REGARDLESS OF INTOXICATION OR IMPAIRMENT BY THE USE OF ALCOHOL OR
42 A DRUG, OR BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG
43 OR DRUGS.
44 b. It shall be the duty of any member of a law enforcement agency who
45 is at the scene of the accident to request the said operator or opera-
46 tors of the motor vehicles, when physically capable of doing so, to
47 exchange the information required hereinabove and such member of a law
48 enforcement agency shall assist such operator or operators in making
49 such exchange of information in a reasonable and harmonious manner.
50 c. A violation of the provisions of paragraph a of this subdivision
51 resulting solely from the failure of an operator to exhibit his or her
52 license and insurance identification card for the vehicle or exchange
53 the information required in such paragraph shall constitute a class B
54 misdemeanor punishable by a fine of not less than two hundred fifty nor
55 more than five hundred dollars in addition to any other penalties
56 provided by law. Any subsequent such violation shall constitute a class
A. 10754--A 3
1 A misdemeanor punishable by a fine of not less than five hundred nor
2 more than one thousand dollars in addition to any other penalties
3 provided by law. Any violation of the provisions of paragraph a of this
4 subdivision, other than for the mere failure of an operator to exhibit
5 his or her license and insurance identification card for such vehicle or
6 exchange the information required in such paragraph, shall constitute a
7 class A misdemeanor, punishable by a fine of not less than five hundred
8 dollars nor more than one thousand dollars in addition to any other
9 penalties provided by law. Any such violation committed by a person
10 after such person has previously been convicted of such a violation
11 shall constitute a class E felony, punishable by a fine of not less than
12 one thousand nor more than two thousand five hundred dollars in addition
13 to any other penalties provided by law. Any violation of the provisions
14 of paragraph a of this subdivision, other than for the mere failure of
15 an operator to exhibit his or her license and insurance identification
16 card for such vehicle or exchange the information required in such para-
17 graph, where the personal injury involved (i) results in serious phys-
18 ical injury, as defined in section 10.00 of the penal law, shall consti-
19 tute a class E felony, punishable by a fine of not less than one
20 thousand nor more than five thousand dollars in addition to any other
21 penalties provided by law, or (ii) results in death shall constitute a
22 class D felony punishable by a fine of not less than two thousand nor
23 more than five thousand dollars in addition to any other penalties
24 provided by law.
25 S 3. This act shall take effect immediately.
