S T A T E O F N E W Y O R K
________________________________________________________________________
405
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sens. GALLIVAN, ADDABBO, KENNEDY, LANZA, LARKIN,
MARCHIONE, MARTINS, RANZENHOFER, SEWARD -- read twice and ordered
printed, and when printed to be committed to the Committee on Trans-
portation
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 A PERSON, REAL PROPERTY OR PERSONAL PROPERTY, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00674-01-5
S. 405 2
judicial officer. A PERSON OPERATING A MOTOR VEHICLE IN VIOLATION OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, THAT CAME INTO
CONTACT WITH A PERSON, REAL PROPERTY, OR PERSONAL PROPERTY, 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 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 A PERSON, REAL PROPERTY OR PERSONAL
PROPERTY, HAS A DUTY TO PERFORM A REASONABLE AND GOOD FAITH INVESTI-
GATION OF THE INCIDENT 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 chap-
ter, and give his or her name, residence, including street and street
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 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 CHAP-
TER, THAT CAME INTO CONTACT WITH A PERSON, REAL PROPERTY, OR PERSONAL
PROPERTY, 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
S. 405 3
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
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.
