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S7866Senate2011-2012 SessionSame asA10754

Relates to leaving the scene of an incident without reporting

Sponsor Patrick M. GallivanSD-59
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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Who cares

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Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Commerce, Economic Development And Small BusinessChair, Social Services

No co-sponsors yet.

History

  1. 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.

A10754Assembly

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.