BILL NUMBER:S2503

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

PURPOSE:  The purpose of this bill is to strengthen penalties for
motorists who leave the scene of an accident where injury occurs and
where it is culprit's first offense of this kind.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 600(c)(2) of the Vehicle and
Traffic Law concerning leaving the scene of an accident without
reporting. The penalty for leaving the scene of an accident without
reporting where there is property damage is increased from an "A"
misdemeanor to a "E" felony. The minimum and maximum fines that may be
imposed are also increased to $1,000 and $1,500, respectively. The
penalty for repeat offenders is increased from an "E" felony to a "D"
felony. The minimum and maximum fines that may be imposed are also
increased to $1,500 and $3,000, respectively. The penalty for leaving
the scene of an accident when the accident resulted in serious bodily
injury is increased from an "E" felony to a "D" felony. The minimum
and maximum fines that may be imposed are also increased to $1,500 and
$5,500, respectively. The penalty for leaving the scene of an accident
when the accident resulted in death is increased from an "D" felony to
              

a "C" felony. The minimum and maximum fines that may be imposed are
also increased to $2,500 and $5,500, respectively.

EXISTING LAW:  The current penalty for the first offense of leaving
the scene of an incident without reporting where personal injury
occurs, under the VTL, is an "A" misdemeanor with a maximum penalty of
one year of imprisonment. A driver faces charges of an "E" felony only
for a subsequent offense, or if a victim suffers "serious physical
injury" as defined by Section 10.00 of the penal law.

JUSTIFICATION:  If a driver remains at the scene of an accident where
injury occurs and is intoxicated or impaired by drugs or a combination
of drugs and alcohol, he or she can be charged with an "D" felony. A
conviction on such a charge carries a maximum penalty of.up to 7 years
of imprisonment. This legislation proposes that all penalties for
leaving the scene of an incident without reporting be increased. By
doing so, the first-time offender causing injury faces charges of an
"D" felony. This will be commensurate with charges faced by a drunk
driver who causes serious physical injury and remains at the scene.
Likewise an offender who leaves the scene of an accident resulting in
death will face a "C" felony which will be commensurate with charges
faced by a drunk driver of an accident resulting in death and remains
at the scene resulting in a sentence of up to 15 years of
imprisonment.

Penalties should not be less severe for a driver who injures others
and leaves the scene, and the law should provide a disincentive for
such behavior. Although the New York State Legislature increased all
penalties under VTL Section 600(2) in amendments that became effective
November 2005, this has had arguably little impact upon incidences of


hit- and-run accidents. within New York City, there were 33
hit-and-run fatalities in 2005 and 28 fatalities in 2006.  Within New
York State, there were 171 people killed in fatal collisions involving
hit and runs in 2006. Indeed, many high-profile hit-and-run accidents
resulting in injury or death have been reported by the media over the
past year with- in the five boroughs. Stronger action is clearly
required, and additional increases are warranted.

Increasing all penalties for leaving the scene under VTL section
600(2)(c) will deter drivers from leaving injured victims on the road,
facilitate police investigation, and permit chemical testing of
drivers by the police in cases where such testing is warranted.

LEGISLATIVE HISTORY:  S.2918 of 2011- Passed Senate 05/21/12

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS:

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