Bill Text: NY A10644 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes an affirmative duty for individuals to assist injured persons in a motor vehicle collision.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-06-17 - referred to transportation [A10644 Detail]
Download: New_York-2019-A10644-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10644 IN ASSEMBLY June 17, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Frontus) -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to establishing an affirmative duty for individuals to assist injured persons in a motor vehicle collision 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 "Jeanne's law". 2 § 2. Subdivision 2 of section 600 of the vehicle and traffic law, as 3 amended by section 4 of part AAA of chapter 59 of the laws of 2017, is 4 amended to read as follows: 5 2. Personal injury. a. Any person operating a motor vehicle who, know- 6 ing or having cause to know that personal injury has been caused to 7 another person, due to an incident involving the motor vehicle operated 8 by such person shall, before leaving the place where the said personal 9 injury occurred, stop, exhibit his or her license and insurance iden- 10 tification card for such vehicle, when such card is required pursuant to 11 articles six and eight of this chapter, and give his or her name, resi- 12 dence, including street and street number, insurance carrier and insur- 13 ance identification information including but not limited to the number 14 and effective dates of said individual's insurance policy and license 15 number, to the injured party, if practical, and also to a police offi- 16 cer, or in the event that no police officer is in the vicinity of the 17 place of said injury, then, he or she shall report said incident as soon 18 as physically able to the nearest police station or judicial officer. In 19 addition to the foregoing, any such person shall also: (i) produce the 20 proof of insurance coverage required pursuant to article forty-four-B of 21 this chapter if such person is a TNC driver operating a TNC vehicle at 22 the time of the incident who was (A) logged on to the TNC's digital 23 network but not engaged in a TNC prearranged trip or (B) was engaged in 24 a TNC prearranged trip; and (ii) disclose whether he or she, at the time 25 such incident occurred, was (A) logged on to the TNC's digital network 26 but not engaged in a TNC prearranged trip or (B) was engaged in a TNC 27 prearranged trip. Any such person operating a motor vehicle shall also EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16667-02-0A. 10644 2 1 have an affirmative duty to render to any person injured in a collision 2 reasonable assistance, including the carrying, or the making of arrange- 3 ments for the carrying of such person to a physician, surgeon or hospi- 4 tal for medical treatment if it is apparent that such treatment is 5 necessary or if such assistance is requested by the injured person. 6 b. It shall be the duty of any member of a law enforcement agency who 7 is at the scene of the [accident] collision to request the said operator 8 or operators of the motor vehicles, when physically capable of doing so, 9 to exchange the information required hereinabove and such member of a 10 law enforcement agency shall assist such operator or operators in making 11 such exchange of information in a reasonable and harmonious manner. 12 c. A violation of the provisions of paragraph a of this subdivision 13 resulting solely from the failure of an operator to exhibit his or her 14 license and insurance identification card for the vehicle or exchange 15 the information required in such paragraph shall constitute a class B 16 misdemeanor punishable by a fine of not less than two hundred fifty nor 17 more than five hundred dollars in addition to any other penalties 18 provided by law. Any subsequent such violation shall constitute a class 19 A misdemeanor punishable by a fine of not less than five hundred nor 20 more than one thousand dollars in addition to any other penalties 21 provided by law. A violation of the provisions of paragraph a of this 22 subdivision resulting solely from the failure of an operator to render 23 to any person injured in a collision reasonable assistance shall consti- 24 tute a civil violation and shall be punishable by fine. Any violation of 25 the provisions of paragraph a of this subdivision, other than for the 26 mere failure of an operator to exhibit his or her license and insurance 27 identification card for such vehicle or exchange the information 28 required in such paragraph or to render assistance to an injured person, 29 shall constitute a class A misdemeanor, punishable by a fine of not less 30 than five hundred dollars nor more than one thousand dollars in addition 31 to any other penalties provided by law. Any such violation committed by 32 a person after such person has previously been convicted of such a 33 violation shall constitute a class E felony, punishable by a fine of not 34 less than one thousand nor more than two thousand five hundred dollars 35 in addition to any other penalties provided by law. Any violation of the 36 provisions of paragraph a of this subdivision, other than for the mere 37 failure of an operator to exhibit his or her license and insurance iden- 38 tification card for such vehicle or exchange the information required in 39 such paragraph or to render assistance to an injured person, where the 40 personal injury involved (i) results in serious physical injury, as 41 defined in section 10.00 of the penal law, shall constitute a class E 42 felony, punishable by a fine of not less than one thousand nor more than 43 five thousand dollars in addition to any other penalties provided by 44 law, or (ii) results in death shall constitute a class D felony punisha- 45 ble by a fine of not less than two thousand nor more than five thousand 46 dollars in addition to any other penalties provided by law. 47 § 3. This act shall take effect immediately.
