Bill Text: NY S00857 | 2019-2020 | 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: Slight Partisan Bill (Republican 3-1)

Status: (Introduced) 2019-01-09 - REFERRED TO TRANSPORTATION [S00857 Detail]

Download: New_York-2019-S00857-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           857
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
                                       ___________
        Introduced  by Sen. GALLIVAN -- 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 section 4 of
     4  part AAA of chapter 59 of the laws of  2017,  are  amended  to  read  as
     5  follows:
     6    a.  Any  person operating a motor vehicle who, knowing or having cause
     7  to know that the motor vehicle operated  by  such  person  has  come  in
     8  contact with a person, real property or personal property, has a duty to
     9  perform a reasonable and good faith investigation of the incident and if
    10  as  a  result  of  such investigation such person knows or has reason to
    11  know that damage has been caused to the real property or to the personal
    12  property, not including animals, of another, due to [an incident involv-
    13  ing] the contact of the motor vehicle  operated  by  such  person,  such
    14  person  shall, before leaving the place where the damage occurred, stop,
    15  exhibit his or her license and insurance identification  card  for  such
    16  vehicle,  when  such card is required pursuant to articles six and eight
    17  of this chapter, and give his or her name, residence,  including  street
    18  and  number,  insurance carrier and insurance identification information
    19  including but not limited to the number  and  effective  dates  of  said
    20  individual's  insurance policy, and license number to the party sustain-
    21  ing the damage, or in case the person sustaining the damage is not pres-
    22  ent at the place where the damage occurred then he or she  shall  report
    23  the  same  as  soon as physically able to the nearest police station, or
    24  judicial officer. A person operating a motor  vehicle  in  violation  of
    25  section  eleven  hundred  ninety-two  of  this  chapter,  that came into
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02816-01-9

        S. 857                              2
     1  contact with  a  person,  real  property,  or  personal  property,  that
     2  resulted  in  damage  to  real property or to the personal property, not
     3  including animals of another, shall be presumed to have  known  or  have
     4  cause  to  know  of  such contact and of such damage, unless such person
     5  shows that they would not have known or  have  cause  to  know  of  such
     6  contact  and  of such injury regardless of intoxication or impairment by
     7  the use of alcohol or a drug, or by the combined influence of  drugs  or
     8  of alcohol and any drug or drugs. In addition to the foregoing, any such
     9  person  shall also: (i) produce the proof of insurance coverage required
    10  pursuant to article forty-four-B of this chapter if such person is a TNC
    11  driver operating a TNC vehicle while the incident occurred who  was  (A)
    12  logged  on  to the TNC's digital network but not engaged in a TNC prear-
    13  ranged trip or (B) was engaged in  a  TNC  prearranged  trip;  and  (ii)
    14  disclose  whether he or she, at the time such incident occurred, was (A)
    15  logged on to the TNC's digital network but not engaged in a  TNC  prear-
    16  ranged trip or (B) was engaged in a TNC prearranged trip.
    17    a.  Any  person operating a motor vehicle who, knowing or having cause
    18  to know that the motor vehicle operated  by  such  person  has  come  in
    19  contact with a person, real property or personal property, has a duty to
    20  perform a reasonable and good faith investigation of the incident and if
    21  as  a  result  of  such investigation such person knows or has reason to
    22  know that personal injury has been caused to another person, due to  [an
    23  incident  involving]  the  contact of the motor vehicle operated by such
    24  person, such person shall, before  leaving  the  place  where  the  said
    25  personal injury occurred, stop, exhibit his or her license and insurance
    26  identification  card for such vehicle, when such card is required pursu-
    27  ant to articles six and eight of this chapter, and give his or her name,
    28  residence, including street and street  number,  insurance  carrier  and
    29  insurance  identification  information  including but not limited to the
    30  number and effective dates of said  individual's  insurance  policy  and
    31  license number, to the injured party, if practical, and also to a police
    32  officer,  or  in  the event that no police officer is in the vicinity of
    33  the place of said injury, then, he or she shall report said incident  as
    34  soon  as physically able to the nearest police station or judicial offi-
    35  cer.  A person operating a motor vehicle in violation of section  eleven
    36  hundred  ninety-two  of  this  chapter,  that  came  into contact with a
    37  person, real property, or personal property, that resulted in injury  to
    38  another person, shall be presumed to have known or have cause to know of
    39  such  injury, unless such person shows that they would not have known or
    40  have cause to know of such contact and  of  such  injury  regardless  of
    41  intoxication  or  impairment  by the use of alcohol or a drug, or by the
    42  combined influence of drugs or of alcohol and  any  drug  or  drugs.  In
    43  addition  to the foregoing, any such person shall also:  (i) produce the
    44  proof of insurance coverage required pursuant to article forty-four-B of
    45  this chapter if such person is a TNC driver operating a TNC  vehicle  at
    46  the  time  of  the  incident  who was (A) logged on to the TNC's digital
    47  network but not engaged in a TNC prearranged trip or (B) was engaged  in
    48  a TNC prearranged trip; and (ii) disclose whether he or she, at the time
    49  such  incident  occurred, was (A) logged on to the TNC's digital network
    50  but not engaged in a TNC prearranged trip or (B) was engaged  in  a  TNC
    51  prearranged trip.
    52    § 3. This act shall take effect immediately.
feedback