S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    194
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sens. GALLIVAN, BORRELLO, HELMING, MATTERA, ORTT, TEDISCO
   -- 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 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".
   § 2. Paragraph a of subdivision 1 and paragraph a of subdivision 2  of
 section 600 of the vehicle and traffic law, as amended by chapter 795 of
 the laws of 2021, are amended to read as follows:
   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
 judicial officer.  A  PERSON  OPERATING A MOTOR VEHICLE IN VIOLATION  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00145-01-3
 S. 194                              2
 
 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. In addition to the foregoing, any such
 person  shall  also:  (i)  (A)  produce  the proof of insurance coverage
 required pursuant to article forty-four-B of this chapter if such person
 is a TNC driver operating a TNC vehicle while the incident occurred  who
 was  (1) logged on to the TNC's digital network but not engaged in a TNC
 prearranged trip or (2) was engaged in a TNC prearranged trip;  and  (B)
 disclose  whether he or she, at the time such incident occurred, was (1)
 logged on to the TNC's digital network but not engaged in a  TNC  prear-
 ranged  trip  or  (2) was engaged in a TNC prearranged trip, or (ii) (A)
 produce the proof of insurance coverage  required  pursuant  to  article
 forty  of  the  general  business law if such person is a shared vehicle
 owner or shared vehicle driver operating a shared vehicle during a peer-
 to-peer car sharing period while the incident occurred; and (B) disclose
 whether he or she, at the time such incident occurred, was  operating  a
 shared vehicle during a peer-to-peer car sharing period.
   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 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  pursu-
 ant to articles six and eight of this chapter, 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  offi-
 cer.   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 INJURY  TO
 ANOTHER PERSON, SHALL BE PRESUMED TO HAVE KNOWN OR HAVE CAUSE TO KNOW 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.  In
 addition  to  the foregoing, any such person shall also: (i) (A) produce
 the  proof  of  insurance  coverage   required   pursuant   to   article
 forty-four-B  of this chapter if such person is a TNC driver operating a
 TNC vehicle at the time of the incident who was (1)  logged  on  to  the
 TNC's  digital  network but not engaged in a TNC prearranged trip or (2)
 was engaged in a TNC prearranged trip; and (B) disclose  whether  he  or
 she,  at the time such incident occurred, was (1) logged on to the TNC's
 S. 194                              3
 
 digital network but not engaged in a TNC prearranged  trip  or  (2)  was
 engaged  in  a  TNC  prearranged  trip, or (ii) (A) produce the proof of
 insurance coverage required pursuant to article  forty  of  the  general
 business  law if such person is a shared vehicle owner or shared vehicle
 driver operating a shared vehicle  during  a  peer-to-peer  car  sharing
 period  while the incident occurred; and (B) disclose whether he or she,
 at the time such incident  occurred,  was  operating  a  shared  vehicle
 during a peer-to-peer car sharing period.
   § 3. This act shall take effect immediately.