Increases the penalty for leaving the scene of an incident without reporting

1 Co-sponsor

• Rich Funke

BILL NUMBER:S2136

Title of bill

An act to amend the vehicle and traffic law, in relation to leaving the scene of an incident without reporting

Purpose

To increase the penalty for leaving the scene of an incident without reporting when there is serious physical injury or death

Summary of provisions

Section 1: amends paragraph c of subdivision 2 of section 600 of the vehicle and traffic law, as amended by chapter 49 of the laws of 2005 by elevating the penalty from a class E felony to a class D felony when there is serious physical injury, and by elevating the penalty from a class D felony to a class C felony when there is a death.

Section 2: effective date; this act shall take effect on the one hundred twentieth day after it shall have become a law.

Justification

Leaving the scene of an incident involving serious physical injury or death is now a pervasive problem on our roadways. Most often, the drivers who "hit and run" in these instances are actually under the influence of alcohol and/or drugs. By fleeing, alcohol and/or drugs cannot be readily detected as they would be if the driver remained at the scene. Thus, these drivers successfully avoid being arrested for the more serious crimes of Aggravated Vehicular Homicide or Vehicular Manslaughter which have a maximum jail sentence of 25 years or 15 years, respectively.

Currently, leaving the scene crimes are punishable by a maximum of four years when there is serious physical injury (class E felony) or a maximum of 7 years when a death occurs (class D felony).

Changing the classification of felony for each crime would result in an increase in penalty. Exposure to more jail time is always a step in the right direction to deter the commission of crimes. Elevating the felony class for each of these offenses by one level as proposed in the bill, would make the punishment more commensurate with the crimes. The Suffolk County District Attorney has been calling for an, increase in penalties for these types of crimes. Serious physical injury and death are reason enough for increased jail time. We must give District Attorneys the tools they need to help get these violators off our roads for a longer time, and to help deter future crimes of this nature.

Legislative history

2013-14: Passed Senate

Fiscal implications

None.

Effective date

This bill shall take effect on the one hundred twentieth day after it shall have become a law.