Bill Text: NY S03393 | 2017-2018 | General Assembly | Amended

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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: Moderate Partisan Bill (Republican 8-2)

Status: (Engrossed - Dead) 2018-02-06 - PRINT NUMBER 3393A [S03393 Detail]

Download: New_York-2017-S03393-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3393--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 23, 2017
                                       ___________
        Introduced  by  Sens.  GALLIVAN,  ADDABBO, CROCI, FUNKE, KENNEDY, LANZA,
          LARKIN, MARCHIONE, RANZENHOFER,  SEWARD  --  read  twice  and  ordered
          printed,  and  when printed to be committed to the Committee on Trans-
          portation -- recommitted to the Committee on Transportation in accord-
          ance with Senate Rule 6, sec. 8 -- 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    § 2. Paragraph a of subdivision 1 and paragraph a of subdivision 2  of
     3  section  600  of the vehicle and traffic law, as amended by section 4 of
     4  part AAA of chapter 59 of the laws  of  2017,  is  amended  to  read  as
     5  follows:
     6    a.  Any  person operating a motor vehicle who, knowing or having cause
     7  to know that the motor vehicle operated  by  such  person  has  come  in
     8  contact with a person, real property or personal property, has a duty to
     9  perform a reasonable and good faith investigation of the incident and if
    10  as  a  result  of  such investigation such person knows or has reason to
    11  know that damage has been caused to the real property or to the personal
    12  property, not including animals, of another, due to [an incident involv-
    13  ing] the contact of the motor vehicle  operated  by  such  person,  such
    14  person  shall, before leaving the place where the damage occurred, stop,
    15  exhibit his or her license and insurance identification  card  for  such
    16  vehicle,  when  such card is required pursuant to articles six and eight
    17  of this chapter, and give his or her name, residence,  including  street
    18  and  number,  insurance carrier and insurance identification information
    19  including but not limited to the number  and  effective  dates  of  said
    20  individual's  insurance policy, and license number to the party sustain-
    21  ing the damage, or in case the person sustaining the damage is not pres-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00080-02-8
        S. 3393--A                          2
     1  ent at the place where the damage occurred then he or she  shall  report
     2  the  same  as  soon as physically able to the nearest police station, or
     3  judicial officer. A person operating a motor  vehicle  in  violation  of
     4  section  eleven  hundred  ninety-two  of  this  chapter,  that came into
     5  contact with  a  person,  real  property,  or  personal  property,  that
     6  resulted  in  damage  to  real property or to the personal property, not
     7  including animals of another, shall be presumed to have  known  or  have
     8  cause  to  know  of  such contact and of such damage, unless such person
     9  shows that they would not have known or  have  cause  to  know  of  such
    10  contact  and  of such injury regardless of intoxication or impairment by
    11  the use of alcohol or a drug, or by the combined influence of  drugs  or
    12  of alcohol and any drug or drugs. In addition to the foregoing, any such
    13  person  shall also: (i) produce the proof of insurance coverage required
    14  pursuant to article forty-four-B of this chapter if such person is a TNC
    15  driver operating a TNC vehicle while the incident occurred who  was  (A)
    16  logged  on  to the TNC's digital network but not engaged in a TNC prear-
    17  ranged trip or (B) was engaged in  a  TNC  prearranged  trip;  and  (ii)
    18  disclose  whether he or she, at the time such incident occurred, was (A)
    19  logged on to the TNC's digital network but not engaged in a  TNC  prear-
    20  ranged trip or (B) was engaged in a TNC prearranged trip.
    21    a.  Any  person operating a motor vehicle who, knowing or having cause
    22  to know that the motor vehicle operated  by  such  person  has  come  in
    23  contact with a person, real property or personal property, has a duty to
    24  perform a reasonable and good faith investigation of the incident and if
    25  as  a  result  of  such investigation such person knows or has reason to
    26  know that personal injury has been caused to another person, due to  [an
    27  incident  involving]  the  contact of the motor vehicle operated by such
    28  person, such person shall, before  leaving  the  place  where  the  said
    29  personal injury occurred, stop, exhibit his or her license and insurance
    30  identification  card for such vehicle, when such card is required pursu-
    31  ant to articles six and eight of this chapter, and give his or her name,
    32  residence, including street and street  number,  insurance  carrier  and
    33  insurance  identification  information  including but not limited to the
    34  number and effective dates of said  individual's  insurance  policy  and
    35  license number, to the injured party, if practical, and also to a police
    36  officer,  or  in  the event that no police officer is in the vicinity of
    37  the place of said injury, then, he or she shall report said incident  as
    38  soon  as physically able to the nearest police station or judicial offi-
    39  cer.  A person operating a motor vehicle in violation of section  eleven
    40  hundred  ninety-two  of  this  chapter,  that  came  into contact with a
    41  person, real property, or personal property, that resulted in injury  to
    42  another person, shall be presumed to have known or have cause to know of
    43  such  injury, unless such person shows that they would not have known or
    44  have cause to know of such contact and  of  such  injury  regardless  of
    45  intoxication  or  impairment  by the use of alcohol or a drug, or by the
    46  combined influence of drugs or of alcohol and  any  drug  or  drugs.  In
    47  addition  to the foregoing, any such person shall also:  (i) produce the
    48  proof of insurance coverage required pursuant to article forty-four-B of
    49  this chapter if such person is a TNC driver operating a TNC  vehicle  at
    50  the  time  of  the  incident  who was (A) logged on to the TNC's digital
    51  network but not engaged in a TNC prearranged trip or (B) was engaged  in
    52  a TNC prearranged trip; and (ii) disclose whether he or she, at the time
    53  such  incident  occurred, was (A) logged on to the TNC's digital network
    54  but not engaged in a TNC prearranged trip or (B) was engaged  in  a  TNC
    55  prearranged trip.
    56    § 3. This act shall take effect immediately.