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.
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