Bill Text: NY S00194 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S00194 Detail]
Download: New_York-2023-S00194-Introduced.html
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-12ing] 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. LBD00145-01-3S. 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 [an30incident 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'sS. 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.
