S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3639
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by  Sens. MURRAY, BORRELLO, CANZONERI-FITZPATRICK, GALLIVAN,
   HELMING, MARTINS, MATTERA, OBERACKER, PALUMBO, RHOADS, ROLISON, TEDIS-
   CO, WEBER, WEIK -- 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 and the  criminal  procedure
   law,  in  relation to increasing penalties for leaving the scene of an
   accident 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 "Nick's law".
   §  2.  Paragraph  c of subdivision 2 of section 600 of the vehicle and
 traffic law, as amended by chapter 497 of the laws of 2022,  is  amended
 to read as follows:
   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]
 THEIR 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 penal-
 ties  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] THEIR 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
 seven  hundred fifty dollars nor more than one thousand dollars in addi-
 tion to any other penalties provided by law. Any such violation  commit-
 ted  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 three 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02021-01-5
 S. 3639                             2
 
 failure  of an operator to exhibit [his or her] THEIR license and insur-
 ance 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 felony, punishable by  a  fine  of
 not  less than one thousand nor more than five thousand dollars in addi-
 tion to any other penalties provided by law, or (ii)  results  in  death
 shall  constitute a class [D] B felony punishable by a fine of [not less
 than two thousand nor more than five] THIRTY thousand dollars  in  addi-
 tion to any other penalties provided by law.
   §  3. Subdivisions 4 and 5 of section 722.21 of the criminal procedure
 law, subdivision 4 as added by section 1-a of part WWW of chapter 59  of
 the laws of 2017, and subdivision 5 as amended by chapter 23 of the laws
 of 2024, are amended to read as follows:
   4.  Notwithstanding  the  provisions  of subdivisions two and three of
 this section, where the defendant is charged with a felony, other than a
 class A felony defined outside article two hundred twenty of  the  penal
 law,  a violent felony defined in section 70.02 of the penal law [or], a
 felony listed in paragraph  one  or  two  of  subdivision  forty-two  of
 section  1.20 of this chapter, OR LEAVING THE SCENE OF AN ACCIDENT WITH-
 OUT REPORTING AS DEFINED IN SECTION SIX HUNDRED OF THE VEHICLE AND TRAF-
 FIC LAW, WHERE SUCH ACCIDENT RESULTED IN THE DEATH  OF  ANOTHER  PERSON,
 except as provided in paragraph (c) of subdivision two of section 722.23
 of this article, the court shall, upon notice from the district attorney
 that [he or she] THEY will not file a motion to prevent removal pursuant
 to  section  722.23 of this article, order transfer of an action against
 an adolescent offender to the family court pursuant to the provisions of
 article seven hundred twenty-five  of  this  title,  provided,  however,
 notwithstanding  any other provision of law, section 308.1 of the family
 court act shall apply to actions transferred pursuant to  this  subdivi-
 sion and such actions shall not be considered removals subject to subdi-
 vision thirteen of such section 308.1.
   5.  Notwithstanding subdivisions two and three of this section, at the
 request of the district attorney, the court shall order  removal  of  an
 action  against an adolescent offender charged with an offense listed in
 paragraph (a) of subdivision two of section 722.23 of this  article,  to
 the  family  court  pursuant  to the provisions of article seven hundred
 twenty-five of this title and upon consideration of the criteria  speci-
 fied  in subdivision two of section 722.22 of this article, it is deter-
 mined that to do so would be in the interests of justice. Where,  howev-
 er,  the felony complaint charges the adolescent offender with murder in
 the second degree as defined in section 125.25 of the penal law, rape in
 the first degree as defined in paragraph (a) of subdivision  one,  para-
 graph  (a)  of subdivision two and paragraph (a) of subdivision three of
 section 130.35 of the penal law, rape in the first  degree  as  formerly
 defined  in  subdivision one of section 130.35 of the penal law, a crime
 formerly defined in subdivision one of section 130.50 of the penal  law,
 [or]  an  armed felony as defined in paragraph (a) of subdivision forty-
 one of section 1.20 of this chapter, OR LEAVING THE SCENE OF AN ACCIDENT
 WITHOUT REPORTING AS DEFINED IN SECTION SIX HUNDRED OF THE  VEHICLE  AND
 TRAFFIC  LAW,  WHERE  SUCH  ACCIDENT  RESULTED  IN  THE DEATH OF ANOTHER
 PERSON, a determination that such action be removed to the family  court
 shall,  in  addition,  be  based  upon  a  finding of one or more of the
 following factors: (i) mitigating circumstances that bear directly  upon
 the manner in which the crime was committed; or (ii) where the defendant
 was not the sole participant in the crime, the defendant's participation
 S. 3639                             3
 
 was relatively minor although not so minor as to constitute a defense to
 the prosecution; or (iii) possible deficiencies in proof of the crime.
   § 4. Subdivision 1 of section 722.22 of the criminal procedure law, as
 added  by section 1-a of part WWW of chapter 59 of the laws of 2017, and
 paragraph (b) as amended by chapter 23 of the laws of 2024,  is  amended
 to read as follows:
   1. After a motion by a juvenile offender, pursuant to subdivision five
 of  section  722.20  of this article, or after arraignment of a juvenile
 offender upon an indictment, the court may, on motion of any party or on
 its own motion:
   (a) except as otherwise provided by paragraph (b) of this subdivision,
 order removal of  the  action  to  the  family  court  pursuant  to  the
 provisions of article seven hundred twenty-five of this title, if, after
 consideration  of  the  factors  set  forth  in  subdivision two of this
 section, the court determines that to do so would be in the interests of
 justice; or
   (b) with the consent of the district attorney,  order  removal  of  an
 action  involving an indictment charging a juvenile offender with murder
 in the second degree as defined in section 125.25 of the penal law; rape
 in the first degree, as defined in paragraph  (a)  of  subdivision  one,
 paragraph  (a) of subdivision two and paragraph (a) of subdivision three
 of section 130.35 of the penal law; rape in the first degree as formerly
 defined in subdivision one of section 130.35 of the penal law;  a  crime
 formerly  defined in subdivision one of section 130.50 of the penal law;
 [or] an armed felony as defined in paragraph (a) of  subdivision  forty-
 one of section 1.20 of this chapter; OR LEAVING THE SCENE OF AN ACCIDENT
 WITHOUT  REPORTING  AS DEFINED IN SECTION SIX HUNDRED OF THE VEHICLE AND
 TRAFFIC LAW, WHERE SUCH  ACCIDENT  RESULTED  IN  THE  DEATH  OF  ANOTHER
 PERSON,  to the family court pursuant to the provisions of article seven
 hundred twenty-five of this title if the court finds one or more of  the
 following  factors: (i) mitigating circumstances that bear directly upon
 the manner in which the crime was committed; (ii)  where  the  defendant
 was not the sole participant in the crime, the defendant's participation
 was relatively minor although not so minor as to constitute a defense to
 the  prosecution;  or  (iii)  possible  deficiencies in the proof of the
 crime, and, after consideration of the factors set forth in  subdivision
 two  of this section, the court determined that removal of the action to
 the family court would be in the interests of justice.
   § 5. Paragraph (a) of subdivision 2 of section 722.23 of the  criminal
 procedure  law, as added by section 1-a of part WWW of chapter 59 of the
 laws of 2017, is amended to read as follows:
   (a) Upon the arraignment of a defendant charged with a crime committed
 when [he or she was] THEY WERE sixteen or, commencing October first, two
 thousand nineteen, seventeen years of age on a  class  A  felony,  other
 than those defined in article 220 of the penal law, [or] a violent felo-
 ny defined in section 70.02 of the penal law, OR LEAVING THE SCENE OF AN
 ACCIDENT  WITHOUT  REPORTING  AS  DEFINED  IN SECTION SIX HUNDRED OF THE
 VEHICLE AND TRAFFIC LAW, WHERE SUCH ACCIDENT RESULTED IN  THE  DEATH  OF
 ANOTHER PERSON, the court shall schedule an appearance no later than six
 calendar  days  from  such  arraignment for the purpose of reviewing the
 accusatory instrument pursuant to  this  subdivision.  The  court  shall
 notify the district attorney and defendant regarding the purpose of such
 appearance.
   § 6. This act shall take effect immediately.