Relates to the suspension of driving privileges

1 Co-sponsor

• Charles J. Fuschillo Jr.

BILL NUMBER:S7485A

Title of bill

An act to amend the vehicle and traffic law law, in relation to suspen- sion of driving privileges

Purpose or general idea of bill

To establish new criminal sanctions in order to adequately deter and punish motorists who seriously injure pedestrians as a result of danger- ous and unlawful driving.

Summary of specific provisions

Section 1 of the bill provides that the act shall be known as "Elle's Law". Section 2 of the bill would amend the Subparagraph (xiv) of para- graph (b) of subdivision 2 of section 510 of the vehicle and traffic law, as added by chapter 571 of the laws of 2006 to provide that any driver who does not exercise due care to avoid colliding with any bicy- clist or pedestrian upon any roadway (1146 of V&T Law) and causes seri- ous physical injury to another person will have their license suspended for a period of 6 months. If that driver is guilty of this violation a second time within 5 years, that driver will have their license suspended for a period of one year. Section 3 of the bill provides for an immediate effective date.

Justification

In 2009, 3-year-old Elle Vandenberghe was crossing the street in New York City when a motorist who had passed by an open parking spot, backed up the wrong way on a one-way street through an intersection and struck Elle while she was in the crosswalk. Injuries sustained from the impact have left Elle with permanent brain damage and limited use of the right side of her body. Doctors say that Elle may never walk again. Although the motorist displayed a blatant disregard for pedestrian safety and consequently left Elle permanently disabled, he was issued only a minor traffic infraction, paid a small fine and was free to get back behind the wheel, subject to no further penalty.

Current law fails to adequately address the significant problem of driv- ers who flagrantly violate and blatantly disregard the VTL's "rules of the road" by speeding, refusing to obey traffic signals, or by commit- ting other "moving" violations, even when such driving results in the tragedy of a serious pedestrian injury. Prosecutors are unable to charge drivers who seriously injure innocent pedestrians under the existing vehicle and traffic laws, even when the serious injury was the direct result of the driver's VTL violation, unless it can be proven the driver was under the influence of drugs or alcohol. This unfortunate reality leaves our pedestrians vulnerable, offends the public conscience and invalidates the underlying objective of licensing drivers, and should be addressed.

In 2008 there were over 15,000 pedestrian/motor vehicle accidents in the State Of New York alone. More than half of those accidents were the

direct fault of the motorist and left nearly 5,000 New Yorkers injured. 2% of the total pedestrian/motor vehicle accidents in 2008 were alcohol or drug related and carried criminal charges under current law, leaving thousands of New Yorkers and families of individuals who had been seri- ously injured with no legal recourse while allowing thousands of motor- ists who injured a pedestrian last year due to driver error to pay a minor traffic violation and get back behind the wheel.

Prior legislative history

None.

Fiscal implications

None.

Effective date

Act to take effect immediately.