Bill Text: NY S01693 | 2021-2022 | 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: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced - Dead) 2022-05-10 - REPORTED AND COMMITTED TO CODES [S01693 Detail]

Download: New_York-2021-S01693-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1693

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 14, 2021
                                       ___________

        Introduced by Sens. GALLIVAN, ADDABBO -- 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.
                                                                   LBD04232-01-1

        S. 1693                             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.
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