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Who cares
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Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to leaving the scene of an incident without reporting
In Assembly Committee · Transportation · Sponsor Dennis H. Gabryszak
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7866
Title of bill
An act to amend the vehicle and traffic law, in relation to leaving the scene of an incident without reporting
Purpose
This bill amends subdivisions 1 and 2 of Section 600 of the vehicle and traffic law (VTL) in relation to leaving the scene of an incident with- out reporting to include operating a vehicle while under the influence of alcohol or drugs.
Summary of provisions
Modifies the crime of leaving the scene of an incident without reporting when a driver is intoxicated by creating a duty to investigate when a driver knows or has reason to know that he or she has collided with anything. An intoxicated driver is presumed to know or have reason to know that he or she has made contact with a person or property.
Existing law
Currently states that a person must knowingly, or have reason to know that he or she caused personal injury or property damage to be guilty of leaving the scene of an incident without reporting.
Justification
Too often drunk drivers flee the scene of an accident to avoid being accountable for their actions. In some cases, they leave seriously injured or dying victims at the scene of impact. Current law requires that a prosecutor prove that a drunk driver knowingly or had cause to know that they caused personal injury or property damage. This law modi- fies that statue so that drivers illegally operating their vehicle under the influence of drugs or alcohol are held responsible when leaving the scene of an accident.
In a recent Erie County criminal case, 18-year-old Alix Rice, while riding her longboard, was killed by a drunk driver who fled the scene of the crime. The defendant argued that he was not aware he had hit a person and his defense team was successful in getting him acquitted on the felony charge of leaving the scene of an accident. Meanwhile, the defendant was convicted of operating a vehicle while under the influence of alcohol.
Drunk drivers are already in violation of the law when operating a motor vehicle. Additionally, their perception and awareness are compromised. Because of these factors, the burden should not fall on the prosecution to prove an intoxicated driver's knowledge of causing damage to property or injuring other people. Instead, an intoxicated driver should be held fully accountable whenever an accident occurs. This bill will presume that an intoxicated driver knew or had reason to know that damage or injury has occurred and should have stopped to investigate.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.