NY State Senate Bill 2011-S7866

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 14, 2012	referred to rules

2011-S7866 (ACTIVE) - Details

See Assembly Version of this Bill:: A10754
Current Committee:: Senate Rules
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §600, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S1698, A2550, A9818
2015-2016: S405, A4760
2017-2018: S3393, A1944
2019-2020: S857
2021-2022: S1693
2023-2024: S194

2011-S7866 (ACTIVE) - Summary

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.

2011-S7866 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7866

TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to leaving the
scene of an incident without reporting

PURPOSE:
This bill amends subdivisions 1 and 2 of Section 600 of the vehicle and
traffic law (VTL) in relation to leaving the scene of an incident with-
out reporting to include operating a vehicle while under the influence
of alcohol or drugs.

SUMMARY OF PROVISIONS:
Modifies the crime of leaving the scene of an incident without reporting
when a driver is intoxicated by creating a duty to investigate when a
driver knows or has reason to know that he or she has collided with
anything. An intoxicated driver is presumed to know or have reason to
know that he or she has made contact with a person or property.

EXISTING LAW:
Currently states that a person must knowingly, or have reason to know
that he or she caused personal injury or property damage to be guilty of
leaving the scene of an incident without reporting.

JUSTIFICATION:
Too often drunk drivers flee the scene of an accident to avoid being

accountable for their actions.  In some cases, they leave seriously
injured or dying victims at the scene of impact. Current law requires
that a prosecutor prove that a drunk driver knowingly or had cause to
know that they caused personal injury or property damage. This law modi-
fies that statue so that drivers illegally operating their vehicle under
the influence of drugs or alcohol are held responsible when leaving the
scene of an accident.

In a recent Erie County criminal case, 18-year-old Alix Rice, while
riding her longboard, was killed by a drunk driver who fled the scene of
the crime. The defendant argued that he was not aware he had hit a
person and his defense team was successful in getting him acquitted on
the felony charge of leaving the scene of an accident. Meanwhile, the
defendant was convicted of operating a vehicle while under the influence
of alcohol.

Drunk drivers are already in violation of the law when operating a motor
vehicle. Additionally, their perception and awareness are compromised.
Because of these factors, the burden should not fall on the prosecution
to prove an intoxicated driver's knowledge of causing damage to property
or injuring other people. Instead, an intoxicated driver should be held
fully accountable whenever an accident occurs.  This bill will presume
that an intoxicated driver knew or had reason to know that damage or
injury has occurred and should have stopped to investigate.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S7866 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. This act shall be known and may be cited as "Alix's Law".
  S 2. Section 600 of the vehicle and traffic law, as amended by chapter
49 of the laws of 2005, is amended to read as follows:
  S 600. Leaving scene of an incident  without  reporting.  1.  Property
damage.  a.  Any person operating a motor vehicle who, knowing or having
cause to know that THE MOTOR VEHICLE OPERATED BY SUCH PERSON HAS COME IN
CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, HAS A DUTY TO PERFORM  A
REASONABLE  AND  GOOD  FAITH  INVESTIGATION  OF THE INCIDENT AND IF AS A
RESULT OF SUCH INVESTIGATION SUCH PERSON KNOWS OR  HAS  REASON  TO  KNOW
THAT  damage  has  been  caused  to the real property or to the personal
property, not including animals, of another, due to [an incident involv-
ing] THE CONTACT OF the motor vehicle  operated  by  such  person,  SUCH
PERSON  shall, before leaving the place where the damage occurred, stop,
exhibit his or her license and insurance identification  card  for  such
vehicle,  when  such card is required pursuant to articles six and eight
of this chapter, and give his or her name, residence,  including  street
and  number,  insurance carrier and insurance identification information
including but not limited to the number  and  effective  dates  of  said
individual's  insurance policy, and license number to the party sustain-
ing the damage, or in case the person sustaining the damage is not pres-
ent at the place where the damage occurred then he or she  shall  report
the  same  as  soon as physically able to the nearest police station, or
judicial officer.  A PERSON OPERATING A MOTOR VEHICLE  IN  VIOLATION  OF
SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THIS  CHAPTER,  THAT CAME INTO
CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, THAT RESULTED IN  DAMAGE
TO  REAL  PROPERTY OR TO THE PERSONAL PROPERTY, NOT INCLUDING ANIMALS OF
ANOTHER, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW  OF  SUCH
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

HAVE  KNOWN  OR  HAVE  CAUSE  TO KNOW OF SUCH CONTACT AND OF SUCH INJURY
REGARDLESS OF INTOXICATION OR IMPAIRMENT BY THE  USE  OF  ALCOHOL  OR  A
DRUG,  OR  BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG
OR DRUGS.
  b.  It shall be the duty of any member of a law enforcement agency who
is at the scene of the accident to request the said operator  or  opera-
tors  of  the  motor  vehicles,  when physically capable of doing so, to
exchange the information required hereinabove and such member of  a  law
enforcement  agency  shall  assist  such operator or operators in making
such exchange of information in a reasonable and harmonious manner.
  A violation of the provisions of paragraph a of this subdivision shall
constitute a traffic infraction punishable  by  a  fine  of  up  to  two
hundred  fifty  dollars  or a sentence of imprisonment for up to fifteen
days or both such fine and imprisonment.
  2. Personal injury. a. Any person operating a motor vehicle who, know-
ing or having cause to know that THE  MOTOR  VEHICLE  OPERATED  BY  SUCH
PERSON HAS COME IN CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, HAS A
DUTY  TO  PERFORM A REASONABLE AND GOOD FAITH INVESTIGATION OF THE INCI-
DENT AND IF AS A RESULT OF SUCH INVESTIGATION SUCH PERSON KNOWS  OR  HAS
REASON  TO  KNOW THAT personal injury has been caused to another person,
due to [an incident involving] THE CONTACT OF the motor vehicle operated
by such person, SUCH PERSON shall, before leaving the  place  where  the
said  personal  injury  occurred,  stop,  exhibit his or her license and
insurance identification card  for  such  vehicle,  when  such  card  is
required  pursuant  to  articles six and eight of this chapter, and give
his or her name, residence, including street and street  number,  insur-
ance  carrier and insurance identification information including but not
limited to the number and effective dates of said individual's insurance
policy and license number, to the injured party, if practical, and  also
to  a  police  officer, or in the event that no police officer is in the
vicinity of the place of said injury, then, he or she shall report  said
incident  as  soon  as  physically able to the nearest police station or
judicial officer.  A PERSON OPERATING A MOTOR VEHICLE  IN  VIOLATION  OF
SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THIS  CHAPTER,  THAT CAME INTO
CONTACT WITH AN OBJECT OTHER THAN THE ROAD WAY, THAT RESULTED IN  INJURY
TO ANOTHER PERSON, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW
OF  SUCH  CONTACT AND OF SUCH INJURY, UNLESS SUCH PERSON SHOWS THAT THEY
WOULD NOT HAVE KNOWN OR HAVE CAUSE TO KNOW OF SUCH CONTACT AND  OF  SUCH
INJURY REGARDLESS OF INTOXICATION OR IMPAIRMENT BY THE USE OF ALCOHOL OR
A DRUG, OR BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG
OR DRUGS.
  b.  It shall be the duty of any member of a law enforcement agency who
is at the scene of the accident to request the said operator  or  opera-
tors  of  the  motor  vehicles,  when physically capable of doing so, to
exchange the information required hereinabove and such member of  a  law
enforcement  agency  shall  assist  such operator or operators in making
such exchange of information in a reasonable and harmonious manner.
  c. A violation of the provisions of paragraph a  of  this  subdivision
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
misdemeanor punishable by a fine of not less than two hundred fifty  nor
more  than  five  hundred  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  addition  to  any  other  penalties

S. 7866                             3

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 identification 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, punishable 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, 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 para-
graph,  where  the personal injury involved (i) results in serious phys-
ical injury, as defined in section 10.00 of the penal law, shall consti-
tute a class E felony, punishable  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 3. This act shall take effect immediately.

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Senate Bill S7866

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2011-S7866 (ACTIVE) - Details

2011-S7866 (ACTIVE) - Summary

2011-S7866 (ACTIVE) - Sponsor Memo

2011-S7866 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7866

Share this bill

Sponsored By

Patrick M. Gallivan

Archive: Last Bill Status - In Senate Committee Rules Committee

2011-S7866 (ACTIVE) - Details

2011-S7866 (ACTIVE) - Summary

2011-S7866 (ACTIVE) - Sponsor Memo

2011-S7866 (ACTIVE) - Bill Text download pdf

Comments