Bill Text: NY S07866 | 2011-2012 | General Assembly | Introduced
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.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-11-14 - REFERRED TO RULES [S07866 Detail]
Download: New_York-2011-S07866-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7866
I N S E N A T E
November 14, 2012
___________
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
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
27 ANOTHER, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH
28 CONTACT AND OF SUCH DAMAGE, UNLESS SUCH PERSON SHOWS THAT THEY WOULD NOT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16137-07-2
S. 7866 2
1 HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH CONTACT AND OF SUCH INJURY
2 REGARDLESS OF INTOXICATION OR IMPAIRMENT BY THE USE OF ALCOHOL OR A
3 DRUG, OR BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG
4 OR DRUGS.
5 b. It shall be the duty of any member of a law enforcement agency who
6 is at the scene of the accident to request the said operator or opera-
7 tors of the motor vehicles, when physically capable of doing so, to
8 exchange the information required hereinabove and such member of a law
9 enforcement agency shall assist such operator or operators in making
10 such exchange of information in a reasonable and harmonious manner.
11 A violation of the provisions of paragraph a of this subdivision shall
12 constitute a traffic infraction punishable by a fine of up to two
13 hundred fifty dollars or a sentence of imprisonment for up to fifteen
14 days or both such fine and imprisonment.
15 2. Personal injury. a. Any person operating a motor vehicle who, know-
16 ing or having cause to know that THE MOTOR VEHICLE OPERATED BY SUCH
17 PERSON HAS COME IN CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, HAS A
18 DUTY TO PERFORM A REASONABLE AND GOOD FAITH INVESTIGATION OF THE INCI-
19 DENT AND IF AS A RESULT OF SUCH INVESTIGATION SUCH PERSON KNOWS OR HAS
20 REASON TO KNOW THAT personal injury has been caused to another person,
21 due to [an incident involving] THE CONTACT OF the motor vehicle operated
22 by such person, SUCH PERSON shall, before leaving the place where the
23 said personal injury occurred, stop, exhibit his or her license and
24 insurance identification card for such vehicle, when such card is
25 required pursuant to articles six and eight of this chapter, and give
26 his or her name, residence, including street and street number, insur-
27 ance carrier and insurance identification information including but not
28 limited to the number and effective dates of said individual's insurance
29 policy and license number, to the injured party, if practical, and also
30 to a police officer, or in the event that no police officer is in the
31 vicinity of the place of said injury, then, he or she shall report said
32 incident as soon as physically able to the nearest police station or
33 judicial officer. A PERSON OPERATING A MOTOR VEHICLE IN VIOLATION OF
34 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, THAT CAME INTO
35 CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, THAT RESULTED IN INJURY
36 TO ANOTHER PERSON, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW
37 OF SUCH CONTACT AND OF SUCH INJURY, UNLESS SUCH PERSON SHOWS THAT THEY
38 WOULD NOT HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH CONTACT AND OF SUCH
39 INJURY REGARDLESS OF INTOXICATION OR IMPAIRMENT BY THE USE OF ALCOHOL OR
40 A DRUG, OR BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG
41 OR DRUGS.
42 b. It shall be the duty of any member of a law enforcement agency who
43 is at the scene of the accident to request the said operator or opera-
44 tors of the motor vehicles, when physically capable of doing so, to
45 exchange the information required hereinabove and such member of a law
46 enforcement agency shall assist such operator or operators in making
47 such exchange of information in a reasonable and harmonious manner.
48 c. A violation of the provisions of paragraph a of this subdivision
49 resulting solely from the failure of an operator to exhibit his or her
50 license and insurance identification card for the vehicle or exchange
51 the information required in such paragraph shall constitute a class B
52 misdemeanor punishable by a fine of not less than two hundred fifty nor
53 more than five hundred dollars in addition to any other penalties
54 provided by law. Any subsequent such violation shall constitute a class
55 A misdemeanor punishable by a fine of not less than five hundred nor
56 more than one thousand dollars in addition to any other penalties
S. 7866 3
1 provided by law. Any violation of the provisions of paragraph a of this
2 subdivision, other than for the mere failure of an operator to exhibit
3 his or her license and insurance identification card for such vehicle or
4 exchange the information required in such paragraph, shall constitute a
5 class A misdemeanor, punishable by a fine of not less than five hundred
6 dollars nor more than one thousand dollars in addition to any other
7 penalties provided by law. Any such violation committed by a person
8 after such person has previously been convicted of such a violation
9 shall constitute a class E felony, punishable by a fine of not less than
10 one thousand nor more than two thousand five hundred dollars in addition
11 to any other penalties provided by law. Any violation of the provisions
12 of paragraph a of this subdivision, other than for the mere failure of
13 an operator to exhibit his or her license and insurance identification
14 card for such vehicle or exchange the information required in such para-
15 graph, where the personal injury involved (i) results in serious phys-
16 ical injury, as defined in section 10.00 of the penal law, shall consti-
17 tute a class E felony, punishable by a fine of not less than one
18 thousand nor more than five thousand dollars in addition to any other
19 penalties provided by law, or (ii) results in death shall constitute a
20 class D felony punishable by a fine of not less than two thousand nor
21 more than five thousand dollars in addition to any other penalties
22 provided by law.
23 S 3. This act shall take effect immediately.
