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.
STATE OF NEW YORK
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246
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
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Introduced by Sens. GALLIVAN, KENNEDY, TEDISCO -- read twice and ordered
printed, and when printed to be committed to the Committee on Finance
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 chapter 497 of the laws of 2022, is amended
5 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 seven hundred
20 fifty dollars nor more than one thousand dollars in addition to any
21 other penalties provided by law. Any such violation committed by a
22 person after such person has previously been convicted of such a
23 violation shall constitute a class E felony, punishable by a fine of not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00207-01-3
S. 246 2
1 less than one thousand nor more than three thousand dollars in addition
2 to any other penalties provided by law. Any violation of the provisions
3 of paragraph a of this subdivision, other than for the mere failure of
4 an operator to exhibit his or her license and insurance identification
5 card for such vehicle or exchange the information required in such para-
6 graph, where the personal injury involved (i) results in serious phys-
7 ical injury, as defined in section 10.00 of the penal law, shall consti-
8 tute a class [E] D felony, punishable by a fine of not less than one
9 thousand nor more than five thousand dollars in addition to any other
10 penalties provided by law, or (ii) results in death shall constitute a
11 class [D] C felony punishable by a fine of not less than two thousand
12 nor more than five thousand dollars in addition to any other penalties
13 provided by law.
14 § 3. The division of criminal justice services shall establish a
15 public information campaign to instruct the public that leaving the
16 scene of a collision can result in serious penalties and the penalties
17 will be significantly increased if a motorist leaves the scene of a
18 collision that results in serious injury or death. The campaign shall
19 stress that an intoxicated or impaired motorist that leaves the scene
20 will not avoid the severity of charges of driving while intoxicated
21 (DWI) or driving while ability impaired (DWAI). This act makes the
22 penalties for leaving the scene of a collision that results in serious
23 injury or death the same whether the individual is intoxicated or sober.
24 By staying at the scene of a collision and calling 911, the victim has a
25 greater chance at survival and recovery.
26 § 4. The division of criminal justice services shall establish and
27 administer a state wide hit-and-run alert system. When a hit-and-run
28 results in serious physical injury or death within the state, the
29 responding law enforcement agency shall request a hit-and-run alert from
30 the division of criminal justice services. This request shall include at
31 least detailed information on the make, model, color and license plate
32 number of the vehicle and a driver description, when available. The
33 division of criminal justice services shall formulate criteria to deter-
34 mine whether a law enforcement agency's request includes sufficient data
35 to justify an alert. If the criteria are met, the division of criminal
36 justice services shall approve and administer the alert. A hit-and-run
37 alert shall include information on the suspect vehicle and be distrib-
38 uted electronically by email notification, text message, and/or tele-
39 phone to every police agency, television and radio station, newspaper,
40 travel plaza, toll barrier, airport, bus terminal, train station, and
41 border crossing. The division of criminal justice services can determine
42 which distribution channels are used to ensure that alerts are effi-
43 ciently reaching the broadest audience. The alert will continue for a
44 particular amount of time determined by the division of criminal justice
45 services.
46 § 5. The sum of one million dollars ($1,000,000), or so much thereof
47 as may be necessary, is hereby appropriated to the public information
48 campaign to instruct the public on leaving the scene of a collision as
49 established pursuant to section three of this act from any moneys in the
50 state treasury not otherwise appropriated and made immediately available
51 to the division of criminal justice services for the purposes of carry-
52 ing out the provisions of section three of this act. Such moneys shall
53 be payable on the audit and warrant of the comptroller on vouchers
54 certified or approved by the commissioner of criminal justice services
55 in the manner prescribed by law.
S. 246 3
1 § 6. This act shall take effect on the one hundred twentieth day after
2 it shall have become a law. Effective immediately, the addition, amend-
3 ment and/or repeal of any rule or regulation necessary for the implemen-
4 tation of this act on its effective date are authorized to be made and
5 completed on or before such effective date.
