STATE OF NEW YORK
________________________________________________________________________
6520
2023-2024 Regular Sessions
IN ASSEMBLY
April 12, 2023
___________
Introduced by M. of A. SMITH -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law and the criminal procedure
law, in relation to increasing penalties for leaving the scene of an
accident 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 as "Nick's law".
2 § 2. Paragraph c of subdivision 2 of section 600 of the vehicle and
3 traffic law, as amended by chapter 497 of the laws of 2022, is amended
4 to read as follows:
5 c. A violation of the provisions of paragraph a of this subdivision
6 resulting solely from the failure of an operator to exhibit his or her
7 license and insurance identification card for the vehicle or exchange
8 the information required in such paragraph shall constitute a class B
9 misdemeanor punishable by a fine of not less than two hundred fifty nor
10 more than five hundred dollars in addition to any other penalties
11 provided by law. Any subsequent such violation shall constitute a class
12 A misdemeanor punishable by a fine of not less than five hundred nor
13 more than one thousand dollars in addition to any other penalties
14 provided by law. Any violation of the provisions of paragraph a of this
15 subdivision, other than for the mere failure of an operator to exhibit
16 his or her license and insurance identification card for such vehicle or
17 exchange the information required in such paragraph, shall constitute a
18 class A misdemeanor, punishable by a fine of not less than seven hundred
19 fifty dollars nor more than one thousand dollars in addition to any
20 other penalties provided by law. Any such violation committed by a
21 person after such person has previously been convicted of such a
22 violation shall constitute a class E felony, punishable by a fine of not
23 less than one thousand nor more than three thousand dollars in addition
24 to any other penalties provided by law. Any violation of the provisions
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10454-01-3
A. 6520 2
1 of paragraph a of this subdivision, other than for the mere failure of
2 an operator to exhibit his or her license and insurance identification
3 card for such vehicle or exchange the information required in such para-
4 graph, where the personal injury involved (i) results in serious phys-
5 ical injury, as defined in section 10.00 of the penal law, shall consti-
6 tute a class E felony, punishable by a fine of not less than one
7 thousand nor more than five thousand dollars in addition to any other
8 penalties provided by law, or (ii) results in death shall constitute a
9 class [D] B felony punishable by a fine of [not less than two thousand
10 nor more than five] thirty thousand dollars in addition to any other
11 penalties provided by law.
12 § 3. Subdivisions 4 and 5 of section 722.21 of the criminal procedure
13 law, as added by section 1-a of part WWW of chapter 59 of the laws of
14 2017, are amended to read as follows:
15 4. Notwithstanding the provisions of subdivisions two and three of
16 this section, where the defendant is charged with a felony, other than a
17 class A felony defined outside article two hundred twenty of the penal
18 law, a violent felony defined in section 70.02 of the penal law [or], a
19 felony listed in paragraph one or two of subdivision forty-two of
20 section 1.20 of this chapter, or leaving the scene of an accident with-
21 out reporting as defined in section six hundred of the vehicle and traf-
22 fic law, where such accident resulted in the death of another person,
23 except as provided in paragraph (c) of subdivision two of section 722.23
24 of this article, the court shall, upon notice from the district attorney
25 that he or she will not file a motion to prevent removal pursuant to
26 section 722.23 of this article, order transfer of an action against an
27 adolescent offender to the family court pursuant to the provisions of
28 article seven hundred twenty-five of this title, provided, however,
29 notwithstanding any other provision of law, section 308.1 of the family
30 court act shall apply to actions transferred pursuant to this subdivi-
31 sion and such actions shall not be considered removals subject to subdi-
32 vision thirteen of such section 308.1.
33 5. Notwithstanding subdivisions two and three of this section, at the
34 request of the district attorney, the court shall order removal of an
35 action against an adolescent offender charged with an offense listed in
36 paragraph (a) of subdivision two of section 722.23 of this article, to
37 the family court pursuant to the provisions of article seven hundred
38 twenty-five of this title and upon consideration of the criteria speci-
39 fied in subdivision two of section 722.22 of this article, if it is
40 determined that to do so would be in the interests of justice. Where,
41 however, the felony complaint charges the adolescent offender with
42 murder in the second degree as defined in section 125.25 of the penal
43 law, rape in the first degree as defined in subdivision one of section
44 130.35 of the penal law, criminal sexual act in the first degree as
45 defined in subdivision one of section 130.50 of the penal law, [or] an
46 armed felony as defined in paragraph (a) of subdivision forty-one of
47 section 1.20 of this chapter, or leaving the scene of an accident with-
48 out reporting as defined in section six hundred of the vehicle and traf-
49 fic law, where such accident resulted in the death of another person, a
50 determination that such action be removed to the family court shall, in
51 addition, be based upon a finding of one or more of the following
52 factors: (i) mitigating circumstances that bear directly upon the manner
53 in which the crime was committed; or (ii) where the defendant was not
54 the sole participant in the crime, the defendant's participation was
55 relatively minor although not so minor as to constitute a defense to the
56 prosecution; or (iii) possible deficiencies in proof of the crime.
A. 6520 3
1 § 4. Subdivision 1 of section 722.22 of the criminal procedure law, as
2 added by section 1-a of part WWW of chapter 59 of the laws of 2017, is
3 amended to read as follows:
4 1. After a motion by a juvenile offender, pursuant to subdivision five
5 of section 722.20 of this article, or after arraignment of a juvenile
6 offender upon an indictment, the court may, on motion of any party or on
7 its own motion:
8 (a) except as otherwise provided by paragraph (b) of this subdivision,
9 order removal of the action to the family court pursuant to the
10 provisions of article seven hundred twenty-five of this title, if, after
11 consideration of the factors set forth in subdivision two of this
12 section, the court determines that to do so would be in the interests of
13 justice; or
14 (b) with the consent of the district attorney, order removal of an
15 action involving an indictment charging a juvenile offender with murder
16 in the second degree as defined in section 125.25 of the penal law; rape
17 in the first degree, as defined in subdivision one of section 130.35 of
18 the penal law; criminal sexual act in the first degree, as defined in
19 subdivision one of section 130.50 of the penal law; [or] an armed felony
20 as defined in paragraph (a) of subdivision forty-one of section 1.20 of
21 this chapter; or leaving the scene of an accident without reporting as
22 defined in section six hundred of the vehicle and traffic law, where
23 such accident resulted in the death of another person, to the family
24 court pursuant to the provisions of article seven hundred twenty-five of
25 this title if the court finds one or more of the following factors: (i)
26 mitigating circumstances that bear directly upon the manner in which the
27 crime was committed; (ii) where the defendant was not the sole partic-
28 ipant in the crime, the defendant's participation was relatively minor
29 although not so minor as to constitute a defense to the prosecution; or
30 (iii) possible deficiencies in the proof of the crime, and, after
31 consideration of the factors set forth in subdivision two of this
32 section, the court determined that removal of the action to the family
33 court would be in the interests of justice.
34 § 5. Paragraph (a) of subdivision 2 of section 722.23 of the criminal
35 procedure law, as added by section 1-a of part WWW of chapter 59 of the
36 laws of 2017, is amended to read as follows:
37 (a) Upon the arraignment of a defendant charged with a crime committed
38 when he or she was sixteen or, commencing October first, two thousand
39 nineteen, seventeen years of age on a class A felony, other than those
40 defined in article 220 of the penal law, [or] a violent felony defined
41 in section 70.02 of the penal law, or leaving the scene of an accident
42 without reporting as defined in section six hundred of the vehicle and
43 traffic law, where such accident resulted in the death of another
44 person, the court shall schedule an appearance no later than six calen-
45 dar days from such arraignment for the purpose of reviewing the accusa-
46 tory instrument pursuant to this subdivision. The court shall notify the
47 district attorney and defendant regarding the purpose of such appear-
48 ance.
49 § 6. This act shall take effect immediately.
