Bill Text: NY S04747 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to aggravated leaving the scene of an incident without reporting.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2015-06-16 - SUBSTITUTED BY A5266 [S04747 Detail]

Download: New_York-2015-S04747-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4747
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 15, 2015
                                      ___________
       Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation  to  aggravated
         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. The vehicle and traffic law is  amended  by  adding  a  new
    2  section 600-a to read as follows:
    3    S  600-A.  AGGRAVATED LEAVING THE SCENE OF AN INCIDENT WITHOUT REPORT-
    4  ING. 1. A PERSON IS GUILTY OF AGGRAVATED LEAVING THE SCENE OF  AN  INCI-
    5  DENT  WITHOUT  REPORTING WHEN HE OR SHE COMMITS THE CRIME OF LEAVING THE
    6  SCENE OF AN INCIDENT WITHOUT REPORTING, IN VIOLATION OF PARAGRAPH  A  OF
    7  SUBDIVISION  TWO  OF  SECTION  SIX HUNDRED OF THIS ARTICLE (OTHER THAN A
    8  VIOLATION RESULTING SOLELY FROM THE FAILURE OF THE PERSON TO EXHIBIT HIS
    9  OR HER LICENSE AND INSURANCE CARD  FOR  SUCH  VEHICLE  OR  EXCHANGE  THE
   10  INFORMATION  REQUIRED  IN  SUCH  PARAGRAPH), SUCH INCIDENT RESULTED FROM
   11  SUCH PERSON'S COMMISSION OF RECKLESS DRIVING  IN  VIOLATION  OF  SECTION
   12  TWELVE  HUNDRED  TWELVE OF THIS CHAPTER AND SUCH DRIVING IN VIOLATION OF
   13  SUCH SECTION TWELVE HUNDRED TWELVE RECKLESSLY CAUSED THE DEATH  OF  MORE
   14  THAN  ONE  OTHER  PERSON AND/OR SERIOUS PHYSICAL INJURY TO MORE THAN ONE
   15  OTHER PERSON, AND HE OR SHE EITHER:
   16    A. COMMITS SUCH CRIME WHILE KNOWING OR HAVING REASON TO KNOW THAT: (I)
   17  HIS OR HER LICENSE OR HIS OR HER PRIVILEGE OF OPERATING A MOTOR  VEHICLE
   18  IN ANOTHER STATE OR HIS OR HER PRIVILEGE OF OBTAINING A LICENSE TO OPER-
   19  ATE  A  MOTOR  VEHICLE IN ANOTHER STATE IS SUSPENDED OR REVOKED AND SUCH
   20  SUSPENSION OR REVOCATION IS BASED UPON A CONVICTION IN SUCH OTHER  STATE
   21  FOR  AN  OFFENSE  WHICH  WOULD, IF COMMITTED IN THIS STATE, CONSTITUTE A
   22  VIOLATION OF SUBDIVISION TWO OF SECTION SIX HUNDRED OF THIS  ARTICLE  OR
   23  OF  ANY  OF  THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
   24  CHAPTER; OR (II) HIS OR HER LICENSE OR HIS OR HER PRIVILEGE OF OPERATING
   25  A MOTOR VEHICLE IN THIS STATE OR HIS OR HER  PRIVILEGE  OF  OBTAINING  A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02367-02-5
       S. 4747                             2
    1  LICENSE  ISSUED  BY  THE  COMMISSIONER  IS SUSPENDED OR REVOKED AND SUCH
    2  SUSPENSION OR REVOCATION IS FOLLOWING A CONVICTION FOR  A  VIOLATION  OF
    3  SUBDIVISION  TWO  OF  SECTION SIX HUNDRED OF THIS ARTICLE OR FOLLOWING A
    4  CONVICTION  FOR  A  VIOLATION OF ANY OF THE PROVISIONS OF SECTION ELEVEN
    5  HUNDRED NINETY-TWO OF THIS CHAPTER; OR
    6    B. HAS PREVIOUSLY BEEN  CONVICTED  OF  VIOLATING  SUBDIVISION  TWO  OF
    7  SECTION  SIX HUNDRED OF THIS ARTICLE OR ANY OF THE PROVISIONS OF SECTION
    8  ELEVEN HUNDRED NINETY-TWO OF  THIS  CHAPTER  WITHIN  THE  PRECEDING  TEN
    9  YEARS, PROVIDED THAT, FOR THE PURPOSES OF THIS SUBDIVISION, A CONVICTION
   10  IN ANY OTHER STATE OR JURISDICTION FOR AN OFFENSE WHICH, IF COMMITTED IN
   11  THIS  STATE,  WOULD CONSTITUTE A VIOLATION OF SUBDIVISION TWO OF SECTION
   12  SIX HUNDRED OF THIS ARTICLE OR SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
   13  CHAPTER SHALL BE TREATED AS A VIOLATION OF SUCH SECTION.
   14    2. A VIOLATION OF THIS SECTION SHALL  CONSTITUTE  A  CLASS  C  FELONY,
   15  PUNISHABLE  BY A FINE OF NOT LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS
   16  NOR MORE THAN FIVE THOUSAND FIVE HUNDRED  DOLLARS  IN  ADDITION  TO  ANY
   17  OTHER PENALTIES PROVIDED BY LAW.
   18    3.  FOR  PURPOSES  OF  THIS SECTION THE TERM "SERIOUS PHYSICAL INJURY"
   19  SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SECTION 10.00  OF
   20  THE PENAL LAW.
   21    S 2. This act shall take effect on the first of November next succeed-
   22  ing  the  date  on  which  it shall have become a law and shall apply to
   23  violations occurring on and after such date.