Relates to period of imprisonment for leaving the scene of an incident

BILL NUMBER:S2060

Title of bill

An act to amend the vehicle and traffic law and the penal law, in relation to the sentence for leaving scene of a vehicular incident with knowledge that serious physical injury or death is likely to result therefrom

Purpose of the bill

To require a mandatory minimum period of imprisonment of two years for a motorist who having been involved in an accident resulting in death or serious physical injury, leaves the scene without stopping or reporting the accident, although he or she had cause to know that serious physical injury or death was likely.

Summary of specific provisions

This proposal, to be known as the "Kelly McAuliffe bill", will amend Section 600 of the Vehicle and Traffic Law to raise the grade of the crime of Leaving the Scene of an Incident Without Reporting where an injury results in death or serious physical injury from a Class E to a Class D felony, if the motorist who leaves the scene knows, or has cause to know, that such result is likely.

The Penal Law is amended to mandate that a person convicted of the new Class D felony must receive an indeterminate sentence to state prison and must serve at least two years before being considered for release. However, where circumstances of the crime or character of the defendant warrant, the court may impose a definite sentence of imprisonment of one year or less, unless the defendant is a second or persistent felony offender or has been convicted of a Class A or a Class B misdemeanor of "Leaving the Scene" within the preceding five years.

Justification

The need for this bill was brutally demonstrated by the tragic and senseless death of 14-year-old Kelly McAuliffe of Brooklyn. While leaving church on Ash Wednesday in 1985, Kelly was struck by a driver who had run two red lights. She was carried on the hood of his car for nearly a block before the driver swerved and her body fell to the ground. She died almost instantly. For this driver, who fled the scene and who clearly knew he had seriously injured someone, to receive only a 14-month prison term is a miscarriage of justice.

This law is necessary to deter and punish the cold blooded, heartless drivers who run down pedestrians or crash into other vehicles and drive away without stopping, leaving the victims helplessly injured and bleeding. It is important that society take stern, forceful measures to demonstrate a determination that conduct such as this will not be tolerated.

Effective date

The first of November next succeeding the date on which it shall have become a law.