Bill Text: NY S06884 | 2017-2018 | General Assembly | Introduced
Bill Title: Increases the penalty for leaving the scene of an incident without reporting; creates a public service campaign informing the public of the laws surrounding leaving the scene of an incident without reporting; establishes the statewide hit-and-run alert system; makes an appropriation therefor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO FINANCE [S06884 Detail]
Download: New_York-2017-S06884-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6884 2017-2018 Regular Sessions IN SENATE September 22, 2017 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the vehicle and traffic law, in relation to leaving the scene of an incident without reporting; and making an appropriation therefor 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 the "hit-and- 2 run prevention act". 3 § 2. Paragraph c of subdivision 2 of section 600 of the vehicle and 4 traffic law, as amended by section 4 of part AAA of chapter 59 of the 5 laws of 2017, is amended to read as follows: 6 c. A violation of the provisions of paragraph a of this subdivision 7 resulting solely from the failure of an operator to exhibit his or her 8 license and insurance identification card for the vehicle or exchange 9 the information required in such paragraph shall constitute a class B 10 misdemeanor punishable by a fine of not less than two hundred fifty nor 11 more than five hundred dollars in addition to any other penalties 12 provided by law. Any subsequent such violation shall constitute a class 13 A misdemeanor punishable by a fine of not less than five hundred nor 14 more than one thousand dollars in addition to any other penalties 15 provided 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, shall constitute a 19 class A misdemeanor, punishable by a fine of not less than five hundred 20 dollars nor more than one thousand dollars in addition to any other 21 penalties provided by law. Any such violation committed by a person 22 after such person has previously been convicted of such a violation 23 shall constitute a class E felony, punishable by a fine of not less than 24 one thousand nor more than two thousand five hundred dollars in addition 25 to any other penalties provided by law. Any violation of the provisions 26 of paragraph a of this subdivision, other than for the mere failure of 27 an operator to exhibit his or her license and insurance identification EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13420-02-7S. 6884 2 1 card for such vehicle or exchange the information required in such para- 2 graph, where the personal injury involved (i) results in serious phys- 3 ical injury, as defined in section 10.00 of the penal law, shall consti- 4 tute a class [E] D felony, punishable by a fine of not less than one 5 thousand nor more than five thousand dollars in addition to any other 6 penalties provided by law, or (ii) results in death shall constitute a 7 class [D] C felony punishable by a fine of not less than two thousand 8 nor more than five thousand dollars in addition to any other penalties 9 provided by law. 10 § 3. The division of criminal justice services shall establish a 11 public information campaign to instruct the public that leaving the 12 scene of a collision can result in serious penalties and the penalties 13 will be significantly increased if a motorist leaves the scene of a 14 collision that results in serious injury or death. The campaign shall 15 stress that an intoxicated or impaired motorist that leaves the scene 16 will not avoid the severity of charges of driving while intoxicated 17 (DWI) or driving while ability impaired (DWAI). This act makes the 18 penalties for leaving the scene of a collision that results in serious 19 injury or death the same whether the individual is intoxicated or sober. 20 By staying at the scene of a collision and calling 911, the victim has a 21 greater chance at survival and recovery. 22 § 4. The division of criminal justice services shall establish and 23 administer a state wide hit-and-run alert system. When a hit-and-run 24 results in serious physical injury or death within the state, the 25 responding law enforcement agency shall request a hit-and-run alert from 26 the division of criminal justice services. This request shall include at 27 least detailed information on the make, model, color and license plate 28 number of the vehicle and a driver description, when available. The 29 division of criminal justice services shall formulate criteria to deter- 30 mine whether a law enforcement agency's request includes sufficient data 31 to justify an alert. If the criteria are met, the division of criminal 32 justice services shall approve and administer the alert. A hit-and-run 33 alert shall include information on the suspect vehicle and be distrib- 34 uted electronically by email notification, text message, and/or tele- 35 phone to every police agency, television and radio station, newspaper, 36 travel plaza, toll barrier, airport, bus terminal, train station, and 37 border crossing. The division of criminal justice services can determine 38 which distribution channels are used to ensure that alerts are effi- 39 ciently reaching the broadest audience. The alert will continue for a 40 particular amount of time determined by the division of criminal justice 41 services. 42 § 5. The sum of one million dollars ($1,000,000), or so much thereof 43 as may be necessary, is hereby appropriated to the public information 44 campaign to instruct the public on leaving the scene of a collision as 45 established pursuant to section three of this act from any moneys in the 46 state treasury not otherwise appropriated and made immediately available 47 to the division of criminal justice services for the purposes of carry- 48 ing out the provisions of section three of this act. Such moneys shall 49 be payable on the audit and warrant of the comptroller on vouchers 50 certified or approved by the commissioner of criminal justice services 51 in the manner prescribed by law. 52 § 6. This act shall take effect on the one hundred twentieth day after 53 it shall have become a law, provided, however, that the commissioner of 54 the division of criminal justice services shall promulgate rules and 55 regulations prior to such effective date necessary to implement the 56 provisions of this act.
