Bill Text: NY S00405 | 2015-2016 | General Assembly | Introduced
Bill Title: Enacts "Alix's law"; relates to leaving the scene of an incident without reporting it; relates to operating a vehicle while under the influence of alcohol or drugs.
Spectrum: Slight Partisan Bill (Republican 9-3)
Status: (Engrossed - Dead) 2016-05-18 - referred to transportation [S00405 Detail]
Download: New_York-2015-S00405-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
405
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sens. GALLIVAN, ADDABBO, KENNEDY, LANZA, LARKIN,
MARCHIONE, MARTINS, RANZENHOFER, SEWARD -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation
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 A PERSON, REAL PROPERTY OR PERSONAL PROPERTY, HAS A DUTY TO
8 PERFORM A REASONABLE AND GOOD FAITH INVESTIGATION OF THE INCIDENT AND IF
9 AS A RESULT OF SUCH INVESTIGATION SUCH PERSON KNOWS OR HAS REASON TO
10 KNOW 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00674-01-5
S. 405 2
1 judicial officer. A PERSON OPERATING A MOTOR VEHICLE IN VIOLATION OF
2 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, THAT CAME INTO
3 CONTACT WITH A PERSON, REAL PROPERTY, OR PERSONAL PROPERTY, THAT
4 RESULTED IN DAMAGE TO REAL PROPERTY OR TO THE PERSONAL PROPERTY, NOT
5 INCLUDING ANIMALS OF ANOTHER, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE
6 CAUSE TO KNOW OF SUCH CONTACT AND OF SUCH DAMAGE, UNLESS SUCH PERSON
7 SHOWS THAT THEY WOULD NOT HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH
8 CONTACT AND OF SUCH INJURY REGARDLESS OF INTOXICATION OR IMPAIRMENT BY
9 THE USE OF ALCOHOL OR A DRUG, OR BY THE COMBINED INFLUENCE OF DRUGS OR
10 OF ALCOHOL AND ANY DRUG OR DRUGS.
11 b. It shall be the duty of any member of a law enforcement agency who
12 is at the scene of the accident to request the said operator or opera-
13 tors of the motor vehicles, when physically capable of doing so, to
14 exchange the information required hereinabove and such member of a law
15 enforcement agency shall assist such operator or operators in making
16 such exchange of information in a reasonable and harmonious manner.
17 A violation of the provisions of paragraph a of this subdivision shall
18 constitute a traffic infraction punishable by a fine of up to two
19 hundred fifty dollars or a sentence of imprisonment for up to fifteen
20 days or both such fine and imprisonment.
21 2. Personal injury. a. Any person operating a motor vehicle who, know-
22 ing or having cause to know that THE MOTOR VEHICLE OPERATED BY SUCH
23 PERSON HAS COME IN CONTACT WITH A PERSON, REAL PROPERTY OR PERSONAL
24 PROPERTY, HAS A DUTY TO PERFORM A REASONABLE AND GOOD FAITH INVESTI-
25 GATION OF THE INCIDENT AND IF AS A RESULT OF SUCH INVESTIGATION SUCH
26 PERSON KNOWS OR HAS REASON TO KNOW THAT personal injury has been caused
27 to another person, due to [an incident involving] THE CONTACT OF the
28 motor vehicle operated by such person, SUCH PERSON shall, before leaving
29 the place where the said personal injury occurred, stop, exhibit his or
30 her license and insurance identification card for such vehicle, when
31 such card is required pursuant to articles six and eight of this chap-
32 ter, and give his or her name, residence, including street and street
33 number, insurance carrier and insurance identification information
34 including but not limited to the number and effective dates of said
35 individual's insurance policy and license number, to the injured party,
36 if practical, and also to a police officer, or in the event that no
37 police officer is in the vicinity of the place of said injury, then, he
38 or she shall report said incident as soon as physically able to the
39 nearest police station or judicial officer. A PERSON OPERATING A MOTOR
40 VEHICLE IN VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAP-
41 TER, THAT CAME INTO CONTACT WITH A PERSON, REAL PROPERTY, OR PERSONAL
42 PROPERTY, THAT RESULTED IN INJURY TO ANOTHER PERSON, SHALL BE PRESUMED
43 TO HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH CONTACT AND OF SUCH INJURY,
44 UNLESS SUCH PERSON SHOWS THAT THEY WOULD NOT HAVE KNOWN OR HAVE CAUSE TO
45 KNOW OF SUCH CONTACT AND OF SUCH INJURY REGARDLESS OF INTOXICATION OR
46 IMPAIRMENT BY THE USE OF ALCOHOL OR A DRUG, OR BY THE COMBINED INFLUENCE
47 OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS.
48 b. It shall be the duty of any member of a law enforcement agency who
49 is at the scene of the accident to request the said operator or opera-
50 tors of the motor vehicles, when physically capable of doing so, to
51 exchange the information required hereinabove and such member of a law
52 enforcement agency shall assist such operator or operators in making
53 such exchange of information in a reasonable and harmonious manner.
54 c. A violation of the provisions of paragraph a of this subdivision
55 resulting solely from the failure of an operator to exhibit his or her
56 license and insurance identification card for the vehicle or exchange
S. 405 3
1 the information required in such paragraph shall constitute a class B
2 misdemeanor punishable by a fine of not less than two hundred fifty nor
3 more than five hundred dollars in addition to any other penalties
4 provided by law. Any subsequent such violation shall constitute a class
5 A misdemeanor punishable by a fine of not less than five hundred nor
6 more than one thousand dollars in addition to any other penalties
7 provided by law. Any violation of the provisions of paragraph a of this
8 subdivision, other than for the mere failure of an operator to exhibit
9 his or her license and insurance identification card for such vehicle or
10 exchange the information required in such paragraph, shall constitute a
11 class A misdemeanor, punishable by a fine of not less than five hundred
12 dollars nor more than one thousand dollars in addition to any other
13 penalties provided by law. Any such violation committed by a person
14 after such person has previously been convicted of such a violation
15 shall constitute a class E felony, punishable by a fine of not less than
16 one thousand nor more than two thousand five hundred dollars in addition
17 to any other penalties provided by law. Any violation of the provisions
18 of paragraph a of this subdivision, other than for the mere failure of
19 an operator to exhibit his or her license and insurance identification
20 card for such vehicle or exchange the information required in such para-
21 graph, where the personal injury involved (i) results in serious phys-
22 ical injury, as defined in section 10.00 of the penal law, shall consti-
23 tute a class E felony, punishable by a fine of not less than one
24 thousand nor more than five thousand dollars in addition to any other
25 penalties provided by law, or (ii) results in death shall constitute a
26 class D felony punishable by a fine of not less than two thousand nor
27 more than five thousand dollars in addition to any other penalties
28 provided by law.
29 S 3. This act shall take effect immediately.
