Increases penalties for leaving the scene of an incident without reporting

Summary of provisions

Section one of the bill amends section 600(c)(2) of the Vehicle and Traffic Law concerning leaving the scene of an accident without reporting. The penalty for leaving the scene of an accident without reporting where there is property damage is increased from an "A" misdemeanor to a "E" felony. The minimum and maximum fines that may be imposed are also increased to $1,000 and $1,500, respectively. The penalty for repeat offenders is increased from an "E" felony to a "D" felony. The minimum and maximum fines that may be imposed are also increased to $1,500 and $3,000, respectively. The penalty for leaving the scene of an accident when the accident resulted in serious bodily injury is increased from an "E" felony to a "D" felony. The minimum and maximum fines that may be imposed are also increased to $1,500 and $5,500, respectively. The penalty for leaving the scene of an accident when the accident resulted in death is increased from an "D" felony to a "C" felony. The minimum and maximum fines that may be imposed are also increased to $2,500 and $5,500, respectively.

Existing law

The current penalty for the first offense of leaving the scene of an incident without reporting where personal injury occurs, under the VTL, is an "A" misdemeanor with a maximum penalty of one year of imprisonment. A driver faces charges of an "E" felony only for a subsequent offense, or if a victim suffers "serious physical injury" as defined by Section 10.00 of the penal law.

Justification

If a driver remains at the scene of an accident where injury occurs and is intoxicated or impaired by drugs or a combination of drugs and alcohol, he or she can be charged with an "D" felony. A conviction on such a charge carries a maximum penalty of.up to 7 years of imprisonment. This legislation proposes that all penalties for leaving the scene of an incident without reporting be increased. By doing so, the first-time offender causing injury faces charges of an "D" felony. This will be commensurate with charges faced by a drunk driver who causes serious physical injury and remains at the scene. Likewise an offender who leaves the scene of an accident resulting in death will face a "C" felony which will be commensurate with charges faced by a drunk driver of an accident resulting in death and remains at the scene resulting in a sentence of up to 15 years of imprisonment.

Penalties should not be less severe for a driver who injures others and leaves the scene, and the law should provide a disincentive for such behavior. Although the New York State Legislature increased all penalties under VTL Section 600(2) in amendments that became effective November 2005, this has had arguably little impact upon incidences of

hit- and-run accidents. within New York City, there were 33 hit-and-run fatalities in 2005 and 28 fatalities in 2006. Within New York State, there were 171 people killed in fatal collisions involving hit and runs in 2006. Indeed, many high-profile hit-and-run accidents resulting in injury or death have been reported by the media over the past year with- in the five boroughs. Stronger action is clearly required, and additional increases are warranted.

Increasing all penalties for leaving the scene under VTL section 600(2)(c) will deter drivers from leaving injured victims on the road, facilitate police investigation, and permit chemical testing of drivers by the police in cases where such testing is warranted.

Legislative history

S.2918 of 2011- Passed Senate 05/21/12

Fiscal implications

None.

Local fiscal implications

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.