Relates to aggravated leaving the scene of an incident without reporting it; also relates to operating a vehicle while under the influence of alcohol or drugs.
STATE OF NEW YORK
________________________________________________________________________
5527
2013-2014 Regular Sessions
IN SENATE
May 16, 2013
___________
Introduced by Sen. ZELDIN -- 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. Section 600 of the vehicle and traffic law, as amended by
2 chapter 49 of the laws of 2005, is amended to read as follows:
3 § 600. Leaving scene of an incident without reporting. 1. Property
4 damage. a. Any person operating a motor vehicle who, knowing or having
5 cause to know that the motor vehicle operated by such person has come in
6 contact with a person, real property or personal property, has a duty to
7 perform a reasonable and good faith investigation of the incident and if
8 as a result of such investigation such person knows or has reason to
9 know that damage has been caused to the real property or to the personal
10 property, not including animals, of another, due to [an incident involv-
11 ing] the contact of the motor vehicle operated by such person, such
12 person shall, before leaving the place where the damage occurred, stop,
13 exhibit his or her license and insurance identification card for such
14 vehicle, when such card is required pursuant to articles six and eight
15 of this chapter, and give his or her name, residence, including street
16 and number, insurance carrier and insurance identification information
17 including but not limited to the number and effective dates of said
18 individual's insurance policy, and license number to the party sustain-
19 ing the damage, or in case the person sustaining the damage is not pres-
20 ent at the place where the damage occurred then he or she shall report
21 the same as soon as physically able to the nearest police station, or
22 judicial officer. A person operating a motor vehicle in violation of
23 section eleven hundred ninety-two of this chapter, that came into
24 contact with a person, real property, or personal property, that
25 resulted in damage to real property or to the personal property, not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11057-02-3
S. 5527 2
1 including animals of another, shall be presumed to have known or have
2 cause to know of such contact and of such damage, unless such person
3 shows that they would not have known or have cause to know of such
4 contact and of such injury regardless of intoxication or impairment by
5 the use of alcohol or a drug, or by the combined influence of drugs or
6 of alcohol and any drug or drugs.
7 b. It shall be the duty of any member of a law enforcement agency who
8 is at the scene of the accident to request the said operator or opera-
9 tors of the motor vehicles, when physically capable of doing so, to
10 exchange the information required hereinabove and such member of a law
11 enforcement agency shall assist such operator or operators in making
12 such exchange of information in a reasonable and harmonious manner.
13 A violation of the provisions of paragraph a of this subdivision shall
14 constitute a traffic infraction punishable by a fine of up to two
15 hundred fifty dollars or a sentence of imprisonment for up to fifteen
16 days or both such fine and imprisonment.
17 2. Personal injury. a. Any person operating a motor vehicle who, know-
18 ing or having cause to know that the motor vehicle operated by such
19 person has come in contact with a person, real property or personal
20 property, has a duty to perform a reasonable and good faith investi-
21 gation of the incident and if as a result of such investigation such
22 person knows or has reason to know that personal injury has been caused
23 to another person, due to [an incident involving] the contact of the
24 motor vehicle operated by such person, such person shall, before leaving
25 the place where the said personal injury occurred, stop, exhibit his or
26 her license and insurance identification card for such vehicle, when
27 such card is required pursuant to articles six and eight of this chap-
28 ter, and give his or her name, residence, including street and street
29 number, insurance carrier and insurance identification information
30 including but not limited to the number and effective dates of said
31 individual's insurance policy and license number, to the injured party,
32 if practical, and also to a police officer, or in the event that no
33 police officer is in the vicinity of the place of said injury, then, he
34 or she shall report said incident as soon as physically able to the
35 nearest police station or judicial officer. A person operating a motor
36 vehicle in violation of section eleven hundred ninety-two of this chap-
37 ter, that came into contact with a person, real property, or personal
38 property, that resulted in injury to another person, shall be presumed
39 to have known or have cause to know of such contact and of such injury,
40 unless such person shows that they would not have known or have cause to
41 know of such contact and of such injury regardless of intoxication or
42 impairment by the use of alcohol or a drug, or by the combined influence
43 of drugs or of alcohol and any drug or drugs.
44 b. It shall be the duty of any member of a law enforcement agency who
45 is at the scene of the accident to request the said operator or opera-
46 tors of the motor vehicles, when physically capable of doing so, to
47 exchange the information required hereinabove and such member of a law
48 enforcement agency shall assist such operator or operators in making
49 such exchange of information in a reasonable and harmonious manner.
50 c. A violation of the provisions of paragraph a of this subdivision
51 resulting solely from the failure of an operator to exhibit his or her
52 license and insurance identification card for the vehicle or exchange
53 the information required in such paragraph shall constitute a class B
54 misdemeanor punishable by a fine of not less than two hundred fifty nor
55 more than five hundred dollars in addition to any other penalties
56 provided by law. Any subsequent such violation shall constitute a class
S. 5527 3
1 A misdemeanor punishable by a fine of not less than five hundred nor
2 more than one thousand dollars in addition to any other penalties
3 provided by law. Any violation of the provisions of paragraph a of this
4 subdivision, other than for the mere failure of an operator to exhibit
5 his or her license and insurance identification card for such vehicle or
6 exchange the information required in such paragraph, shall constitute a
7 class [A misdemeanor] E felony, punishable by a fine of not less than
8 [five hundred] one thousand dollars nor more than one thousand five
9 hundred dollars in addition to any other penalties provided by law. [Any
10 such violation committed by a person after such person has previously
11 been convicted of such a violation shall constitute a class E felony,
12 punishable by a fine of not less than one thousand nor more than two
13 thousand five hundred 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, where the personal
18 injury involved (i) results in serious physical injury, as defined in
19 section 10.00 of the penal law, shall constitute a class [E] D felony,
20 punishable by a fine of not less than one thousand five hundred nor more
21 than five thousand five hundred dollars in addition to any other penal-
22 ties provided by law, or (ii) results in death shall constitute a class
23 [D] C felony punishable by a fine of not less than two thousand nor more
24 than five thousand five hundred dollars in addition to any other penal-
25 ties provided by law.
26 § 2. The vehicle and traffic law is amended by adding a new section
27 600-a to read as follows:
28 § 600-a. Aggravated leaving the scene of an incident without report-
29 ing. A person is guilty of aggravated leaving the scene of an incident
30 without reporting when he or she leaves the scene of an incident without
31 reporting, as defined by section six hundred of this article, and:
32 1. has previously been convicted of leaving the scene of an incident
33 without reporting, as defined by section six hundred of this article; or
34 2. has previously been convicted of a violent felony offense as
35 defined by section 70.02 of the penal law within the past ten years; or
36 3. has previously been convicted of violating sections 120.03 (vehicu-
37 lar assault in the second degree), 120.04 (vehicular assault in the
38 first degree), or 120.04-a (aggravated vehicular assault), 125.10
39 (criminally negligent homicide), 125.11 (aggravated criminally negligent
40 homicide), 125.12 (vehicular manslaughter in the second degree), 125.13
41 (vehicular manslaughter in the first degree), 125.14 (aggravated vehicu-
42 lar homicide), 125.15 (manslaughter in the second degree), 125.20
43 (manslaughter in the first degree), 125.21 (aggravated manslaughter in
44 the second degree), 125.22 (aggravated manslaughter in the first
45 degree), 125.25 (murder in the second degree), 125.26 (aggravated
46 murder), 125.27 (murder in the first degree) of the penal law within the
47 past ten years;
48 4. has previously been convicted of violating section one thousand two
49 hundred twelve of this chapter, within the past ten years; or
50 5. knows or has reason to know that his or her license or his or her
51 privilege to operate a motor vehicle in another state or his or her
52 privilege of obtaining a license to operate a motor vehicle in another
53 state is suspended or revoked based upon a conviction in such other
54 state for an offense which would, if committed in this state, constitute
55 a violation of any of the provisions of section one thousand one hundred
56 ninety-two of this chapter; or
S. 5527 4
1 6. knows or has reason to know that his or her license or his or her
2 privilege of operating a motor vehicle in this state or his or her priv-
3 ilege of obtaining a license issued by the commissioner is suspended or
4 revoked and such suspension or revocation is based upon either a refusal
5 to submit to a chemical test pursuant to section one thousand one
6 hundred ninety-four of this chapter, or following a conviction for
7 violation of any of the provisions of section one thousand one hundred
8 ninety-two of this chapter; or
9 7. has previously been convicted of violating any of the provisions of
10 section one thousand one hundred ninety-two of this chapter within the
11 past ten years, provided that, for the purposes of this subdivision, a
12 conviction in any other state or jurisdiction for an offense which, if
13 committed in this state, would constitute a violation of section one
14 thousand one hundred ninety-two of this chapter, shall be treated as if
15 the violation occurred in this state.
16 A violation of this section, resulting in property damage, shall
17 constitute a class D felony, punishable by a fine of not less than one
18 thousand five hundred dollars, nor more than five thousand five hundred
19 dollars, in addition to any other penalties provided by law.
20 A violation of this section, resulting in serious physical injury, as
21 defined by section 10.00 of the penal law, shall constitute a class C
22 felony, punishable by a fine of not less than two thousand five hundred
23 dollars, nor more than five thousand five hundred dollars, in addition
24 to any other penalties provided by law.
25 A violation of this section, resulting in death, shall constitute a
26 class B felony, punishable by a fine of not less than three thousand
27 five hundred dollars, nor more than five thousand five hundred dollars,
28 in addition to any other penalties provided by law.
29 § 3. This act shall take effect immediately. Provided however,
30 section two of this act shall only apply when the underlying conviction
31 occurred on or after the effective date of this act.
