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.
STATE OF NEW YORK
________________________________________________________________________
194
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
___________
Introduced by Sens. GALLIVAN, BORRELLO, HELMING, MATTERA, ORTT, TEDISCO
-- 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 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 chapter 795 of
4 the laws of 2021, are amended to read as follows:
5 a. Any person operating a motor vehicle who, knowing or having cause
6 to know that the motor vehicle operated by such person has come in
7 contact with a person, real property or personal property, has a duty to
8 perform a reasonable and good faith investigation of the incident and if
9 as a result of such investigation such person knows or has reason to
10 know 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00145-01-3
S. 194 2
1 section eleven hundred ninety-two of this chapter, that came into
2 contact with a person, real property, or personal property, that
3 resulted in damage to real property or to the personal property, not
4 including animals, of another, shall be presumed to have known or have
5 cause to know of such contact and of such damage, unless such person
6 shows that they would not have known or have cause to know of such
7 contact and of such injury regardless of intoxication or impairment by
8 the use of alcohol or a drug, or by the combined influence of drugs or
9 of alcohol and any drug or drugs. In addition to the foregoing, any such
10 person shall also: (i) (A) produce the proof of insurance coverage
11 required pursuant to article forty-four-B of this chapter if such person
12 is a TNC driver operating a TNC vehicle while the incident occurred who
13 was (1) logged on to the TNC's digital network but not engaged in a TNC
14 prearranged trip or (2) was engaged in a TNC prearranged trip; and (B)
15 disclose whether he or she, at the time such incident occurred, was (1)
16 logged on to the TNC's digital network but not engaged in a TNC prear-
17 ranged trip or (2) was engaged in a TNC prearranged trip, or (ii) (A)
18 produce the proof of insurance coverage required pursuant to article
19 forty of the general business law if such person is a shared vehicle
20 owner or shared vehicle driver operating a shared vehicle during a peer-
21 to-peer car sharing period while the incident occurred; and (B) disclose
22 whether he or she, at the time such incident occurred, was operating a
23 shared vehicle during a peer-to-peer car sharing period.
24 a. Any person operating a motor vehicle who, knowing or having cause
25 to know that the motor vehicle operated by such person has come in
26 contact with a person, real property or personal property, has a duty to
27 perform a reasonable and good faith investigation of the incident and if
28 as a result of such investigation such person knows or has reason to
29 know that personal injury has been caused to another person, due to [an
30 incident involving] the contact of the motor vehicle operated by such
31 person, such person shall, before leaving the place where the said
32 personal injury occurred, stop, exhibit his or her license and insurance
33 identification card for such vehicle, when such card is required pursu-
34 ant to articles six and eight of this chapter, and give his or her name,
35 residence, including street and street number, insurance carrier and
36 insurance identification information including but not limited to the
37 number and effective dates of said individual's insurance policy and
38 license number, to the injured party, if practical, and also to a police
39 officer, or in the event that no police officer is in the vicinity of
40 the place of said injury, then, he or she shall report said incident as
41 soon as physically able to the nearest police station or judicial offi-
42 cer. A person operating a motor vehicle in violation of section eleven
43 hundred ninety-two of this chapter, that came into contact with a
44 person, real property, or personal property, that resulted in injury to
45 another person, shall be presumed to have known or have cause to know of
46 such injury, unless such person shows that they would not have known or
47 have cause to know of such contact and of such injury regardless of
48 intoxication or impairment by the use of alcohol or a drug, or by the
49 combined influence of drugs or of alcohol and any drug or drugs. In
50 addition to the foregoing, any such person shall also: (i) (A) produce
51 the proof of insurance coverage required pursuant to article
52 forty-four-B of this chapter if such person is a TNC driver operating a
53 TNC vehicle at the time of the incident who was (1) logged on to the
54 TNC's digital network but not engaged in a TNC prearranged trip or (2)
55 was engaged in a TNC prearranged trip; and (B) disclose whether he or
56 she, at the time such incident occurred, was (1) logged on to the TNC's
S. 194 3
1 digital network but not engaged in a TNC prearranged trip or (2) was
2 engaged in a TNC prearranged trip, or (ii) (A) produce the proof of
3 insurance coverage required pursuant to article forty of the general
4 business law if such person is a shared vehicle owner or shared vehicle
5 driver operating a shared vehicle during a peer-to-peer car sharing
6 period while the incident occurred; and (B) disclose whether he or she,
7 at the time such incident occurred, was operating a shared vehicle
8 during a peer-to-peer car sharing period.
9 § 3. This act shall take effect immediately.