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S7736Senate2017-2018 SessionSame asA4908

Add Hit-and-Run to Felonies

Official title

“Includes leaving the scene of an accident within the crimes of aggravated vehicular manslaughter and aggravated vehicular assault when physical injury or death occurs to a person or persons”

Sponsor Patrick M. GallivanSD-59Affects Legal
Status
In Senate Committee
Rules
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill increases penalties for leaving the scene of a motor vehicle accident resulting in injury or death in New York.

Why it matters

  1. Targets hit-and-run drivers. By adding specific penalties for those who leave the scene of an accident after causing injury or death, the bill aims to deter drivers from fleeing responsibility, which can impede emergency response and justice for victims.

  2. Closes legal loopholes. The new language ensures drivers who might otherwise avoid harsher charges simply by leaving the scene are now explicitly subject to increased penalties, addressing a gap in the current law.

  3. Brings parity with other serious offenses. The bill aligns penalties for leaving the scene with those for other severe motor vehicle crimes, signaling that fleeing after an accident involving injury or death is a serious offense with significant consequences.

  4. Potentially enhances public safety. By strengthening the law, the bill may encourage drivers to remain at accident scenes, support timely aid to injured persons, and improve overall road safety and accountability.

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Who cares

Headline styles

Add Hit-and-Run to Felonies

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

No co-sponsors yet.

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1285
  5. Referred to codes

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.

A4908Assembly

Tougher Penalties for Hit-and-Run

In Assembly Committee · Codes · Sponsor David Weprin

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7736

IN SENATE

February 14, 2018

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to leaving the scene of a motor vehicle accident that resulted in physical injury or death of a person or persons

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivisions 6 and 7 of section 125.14 of the penal law, subdivision 6 as amended and subdivision 7 as added by chapter 496 of the laws of 2009, are amended and a new subdivision 8 is added to read as follows:

(6) has previously been convicted of violating any provision of this article or article one hundred twenty of this title involving the operation of a motor vehicle, or was convicted in any other state or jurisdiction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty of this title; [or]

(7) commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes the death of such child[.]; or

(8) commits such crime and then leaves the scene of the accident in the manner defined in subdivision two of section six hundred of the vehicle and traffic law.

§ 2. Subdivisions 5 and 6 of section 120.04-a of the penal law, subdivision 5 as amended and subdivision 6 as added by chapter 496 of the laws of 2009, are amended and a new subdivision 7 is added to read as follows:

(5) has previously been convicted of violating any provision of this article or article one hundred twenty-five of this title involving the operation of a motor vehicle, or was convicted in any other state or jurisdiction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty-five of this title; [or]

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09142-01-7

S. 7736 2

(6) commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes serious physical injury to such child[.]; or

(7) commits such crime and then leaves the scene of the accident in the manner defined in subdivision two of section six hundred of the vehicle and traffic law.

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

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the penal law, in relation to leaving the scene of a motor vehicle accident that resulted in physical injury or death of a person or persons

Purpose

This bill includes leaving the scene of an accident within the crimes of aggravated vehicular manslaughter and aggravated vehicular assault when physical injury or death occurs to a person or persons.

Summary of provisions

Section 1 of this bill amends subdivisions 6 and 7 of section 125.14 of the penal law, and new subdivision 8 is added.

Section 2 amends subdivisions 5 and 6 of section 120.04-a of the penal law, and a new subdivision 7 is added.

Section 3 provides the effective date.

Justification

This bill would make leaving the scene of an accident that caused the death of a person a Class B felony, subjecting the perpetrator to up to 25 years in state prison. Additionally, if a perpetrator leaves the scene of an accident that caused serious physical injury, he would face up to 15 years in state prison. The severity of these new penalties sends the message that New Yorkers do not tolerate that behavior. It also creates the incentive to remain on the scene and allow law enforce- ment to conduct their investigation.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.