Bill Text: NY S07866 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts "Alix's law"; relates to leaving the scene of an incident without reporting it; also relates to operating a vehicle while under the influence of alcohol or drugs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-11-14 - REFERRED TO RULES [S07866 Detail]
Download: New_York-2011-S07866-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7866 I N S E N A T E November 14, 2012 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 S 2. Section 600 of the vehicle and traffic law, as amended by chapter 3 49 of the laws of 2005, is amended to read as follows: 4 S 600. Leaving scene of an incident without reporting. 1. Property 5 damage. a. Any person operating a motor vehicle who, knowing or having 6 cause to know that THE MOTOR VEHICLE OPERATED BY SUCH PERSON HAS COME IN 7 CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, HAS A DUTY TO PERFORM A 8 REASONABLE AND GOOD FAITH INVESTIGATION OF THE INCIDENT AND IF AS A 9 RESULT OF SUCH INVESTIGATION SUCH PERSON KNOWS OR HAS REASON TO KNOW 10 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- 12 ing] 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 24 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, THAT CAME INTO 25 CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, THAT RESULTED IN DAMAGE 26 TO REAL PROPERTY OR TO THE PERSONAL PROPERTY, NOT INCLUDING ANIMALS OF 27 ANOTHER, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH 28 CONTACT AND OF SUCH DAMAGE, UNLESS SUCH PERSON SHOWS THAT THEY WOULD NOT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16137-07-2 S. 7866 2 1 HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH CONTACT AND OF SUCH INJURY 2 REGARDLESS OF INTOXICATION OR IMPAIRMENT BY THE USE OF ALCOHOL OR A 3 DRUG, OR BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG 4 OR DRUGS. 5 b. It shall be the duty of any member of a law enforcement agency who 6 is at the scene of the accident to request the said operator or opera- 7 tors of the motor vehicles, when physically capable of doing so, to 8 exchange the information required hereinabove and such member of a law 9 enforcement agency shall assist such operator or operators in making 10 such exchange of information in a reasonable and harmonious manner. 11 A violation of the provisions of paragraph a of this subdivision shall 12 constitute a traffic infraction punishable by a fine of up to two 13 hundred fifty dollars or a sentence of imprisonment for up to fifteen 14 days or both such fine and imprisonment. 15 2. Personal injury. a. Any person operating a motor vehicle who, know- 16 ing or having cause to know that THE MOTOR VEHICLE OPERATED BY SUCH 17 PERSON HAS COME IN CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, HAS A 18 DUTY TO PERFORM A REASONABLE AND GOOD FAITH INVESTIGATION OF THE INCI- 19 DENT AND IF AS A RESULT OF SUCH INVESTIGATION SUCH PERSON KNOWS OR HAS 20 REASON TO KNOW THAT personal injury has been caused to another person, 21 due to [an incident involving] THE CONTACT OF the motor vehicle operated 22 by such person, SUCH PERSON shall, before leaving the place where the 23 said personal injury occurred, stop, exhibit his or her license and 24 insurance identification card for such vehicle, when such card is 25 required pursuant to articles six and eight of this chapter, and give 26 his or her name, residence, including street and street number, insur- 27 ance carrier and insurance identification information including but not 28 limited to the number and effective dates of said individual's insurance 29 policy and license number, to the injured party, if practical, and also 30 to a police officer, or in the event that no police officer is in the 31 vicinity of the place of said injury, then, he or she shall report said 32 incident as soon as physically able to the nearest police station or 33 judicial officer. A PERSON OPERATING A MOTOR VEHICLE IN VIOLATION OF 34 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, THAT CAME INTO 35 CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, THAT RESULTED IN INJURY 36 TO ANOTHER PERSON, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW 37 OF SUCH CONTACT AND OF SUCH INJURY, UNLESS SUCH PERSON SHOWS THAT THEY 38 WOULD NOT HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH CONTACT AND OF SUCH 39 INJURY REGARDLESS OF INTOXICATION OR IMPAIRMENT BY THE USE OF ALCOHOL OR 40 A DRUG, OR BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG 41 OR DRUGS. 42 b. It shall be the duty of any member of a law enforcement agency who 43 is at the scene of the accident to request the said operator or opera- 44 tors of the motor vehicles, when physically capable of doing so, to 45 exchange the information required hereinabove and such member of a law 46 enforcement agency shall assist such operator or operators in making 47 such exchange of information in a reasonable and harmonious manner. 48 c. A violation of the provisions of paragraph a of this subdivision 49 resulting solely from the failure of an operator to exhibit his or her 50 license and insurance identification card for the vehicle or exchange 51 the information required in such paragraph shall constitute a class B 52 misdemeanor punishable by a fine of not less than two hundred fifty nor 53 more than five hundred dollars in addition to any other penalties 54 provided by law. Any subsequent such violation shall constitute a class 55 A misdemeanor punishable by a fine of not less than five hundred nor 56 more than one thousand dollars in addition to any other penalties S. 7866 3 1 provided by law. Any violation of the provisions of paragraph a of this 2 subdivision, other than for the mere failure of an operator to exhibit 3 his or her license and insurance identification card for such vehicle or 4 exchange the information required in such paragraph, shall constitute a 5 class A misdemeanor, punishable by a fine of not less than five hundred 6 dollars nor more than one thousand dollars in addition to any other 7 penalties provided by law. Any such violation committed by a person 8 after such person has previously been convicted of such a violation 9 shall constitute a class E felony, punishable by a fine of not less than 10 one thousand nor more than two thousand five hundred dollars in addition 11 to any other penalties provided by law. Any violation of the provisions 12 of paragraph a of this subdivision, other than for the mere failure of 13 an operator to exhibit his or her license and insurance identification 14 card for such vehicle or exchange the information required in such para- 15 graph, where the personal injury involved (i) results in serious phys- 16 ical injury, as defined in section 10.00 of the penal law, shall consti- 17 tute a class E felony, punishable by a fine of not less than one 18 thousand nor more than five thousand dollars in addition to any other 19 penalties provided by law, or (ii) results in death shall constitute a 20 class D felony punishable by a fine of not less than two thousand nor 21 more than five thousand dollars in addition to any other penalties 22 provided by law. 23 S 3. This act shall take effect immediately.