NY State Senate Bill 2009-S117

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 07, 2009	referred to transportation

co-Sponsors

2009-S117 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §600, V & T L
Versions Introduced in 2011-2012 Legislative Session:: S1655

2009-S117 (ACTIVE) - Summary

Increases the penalty for leaving the scene of an accident where personal injury is involved without reporting such incident from a class B to a class A misdemeanor; increases the penalty for leaving the scene of an accident where personal injury resulted in death or serious physical injury from a class E to a class C felony; and increases fines therefor.

2009-S117 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S117

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to the
penalty for leaving the scene of an incident resulting in a personal
injury


 PURPOSE OR GENERAL IDEA OF BILL :
To increase the penalty for leaving the scene of an automobile
accident that results in a physical injury.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends the vehicle and traffic law by increasing the penalty
for leaving the scene of an incident resulting in physical injury to a
class A misdemeanor and for leaving the scene of an incident resulting
in death or serious physical injury to a class C felony.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
The current penalty, for leaving the scene of an accident involving a
physical injury, is a class B misdemeanor with a fine between two
hundred fifty ($250.00) and five hundred dollars ($500.00) for the
first violation and a class A misdemeanor with a fine of between five
hundred ($500.00) and one-thousand dollars ($1,000.00) for subsequent
violations. This bill would require any violation of the statute to be
punishable with a class A misdemeanor and a fine between five hundred

($500.00) and one-thousand dollars ($1,000.00).

The penalty, for leaving the scene of an accident involving a serious
physical injury or death, is currently a class E felony. This bill
would change the penalty to a class C felony.

 JUSTIFICATION :
Automobile accidents are one of the principle causes of fatalities and
serious physical injuries in New York each year. In New York, during
2000 alone, over fourteen hundred people died in automobile accidents
and approximately three hundred thousand were physically injured.

A significant number of accidents resulting in physical injury
involved a party that leaves the scene of an accident without
reporting information required by the statute to authorities. The
statue not only requires a driver at fault to present pertinent
information to the injured party, but also requires that driver to
report the accident to the police in a timely manner. By reporting the
injury to the police, the statute seeks to ensure that skilled medical
professionals can respond to the accident within a reasonable period.
By failing to make sure medical care is provided by reporting the
accident to the authorities, a driver that does not report the
accident jeopardizes the health of those that were injured in the
accident.

 LEGISLATIVE HISTORY :
S.2093 of 2007 01/31/08 Referred to Transportation

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date upon which it shall have become a law.

2009-S117 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   117

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- 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 the  penalty
  for leaving the scene of an incident resulting in a personal injury

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph c of subdivision 2 of section 600 of the  vehicle
and  traffic  law,  as  amended  by  chapter  49 of the laws of 2005, is
amended to read as follows:
  c. [A] ANY violation of the provisions of paragraph a of this subdivi-
sion resulting solely from the failure of an operator to exhibit his  or
her  license  and  insurance  identification  card  for  the  vehicle or
exchange the information required in such paragraph shall  constitute  a
class [B] A misdemeanor punishable by a fine of not less than [two] FIVE
hundred  [fifty]  nor  more  than [five hundred] ONE THOUSAND dollars in
addition to any other penalties provided by law.  [Any  subsequent  such
violation shall constitute a class A misdemeanor punishable by a fine of
not  less  than five hundred nor more than one thousand dollars in addi-
tion to any other penalties provided  by  law.]  Any  violation  of  the
provisions  of  paragraph a of this subdivision, other than for the mere
failure of an operator to exhibit his or her license and insurance iden-
tification card for such vehicle or exchange the information required in
such paragraph, shall constitute a class A misdemeanor, punishable by  a
fine  of  not  less than five hundred dollars nor more than one thousand
dollars in addition to any other penalties provided  by  law.  Any  such
violation  committed  by  a person after such person has previously been
convicted of such a violation shall constitute a class E felony, punish-
able by a fine of not less than one thousand nor more than two  thousand
five hundred dollars in addition to any other penalties provided by law.
Any  violation  of  the  provisions  of paragraph a of this subdivision,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01945-02-9

S. 117                              2

other than for the mere failure of an operator to  exhibit  his  or  her
license  and  insurance identification card for such vehicle or exchange
the information required in such paragraph, where  the  personal  injury
involved  (i)  results in serious physical injury, as defined in section
10.00 of the penal law, shall constitute a class [E] C felony,  punisha-
ble  by a fine of not less than one thousand nor more than five thousand
dollars in addition to any other penalties  provided  by  law,  or  (ii)
results  in death shall constitute a class D felony punishable by a fine
of not less than two thousand nor more than  five  thousand  dollars  in
addition to any other penalties provided by law.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S117

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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co-Sponsors

2009-S117 (ACTIVE) - Details

2009-S117 (ACTIVE) - Summary

2009-S117 (ACTIVE) - Sponsor Memo

2009-S117 (ACTIVE) - Bill Text download pdf

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Sponsored By

John L. Sampson

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

co-Sponsors

Ruben Diaz

2009-S117 (ACTIVE) - Details

2009-S117 (ACTIVE) - Summary

2009-S117 (ACTIVE) - Sponsor Memo

2009-S117 (ACTIVE) - Bill Text download pdf

Comments