Harsher Hit-and-Run Penalties

The penalty for leaving the scene of an accident without reporting when there is property damage is increased from an "A" misdemeanor to an "E" felony. The minimum and maximum fines that may be imposed are also increased by $500 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 by $500 to $1,500 and $3,000, respectively. The penalty for leaving the scene of an accident without reporting 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 by $500 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 a "D" felony to a "C" felony. The minimum and maximum fines that may be imposed are also increased by $500 to $2,500 and $5,500, respectively.

Section three of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

Currently, the Vehicle and Traffic Law provide penalties for motorists who leave the scene of an accident without reporting. These penalties range from an "A" misdemeanor with a maximum fine of $1,000 when the accident resulted in property damage to a "D" felony with a maximum fine of $5,000 when the accident resulted in a death.

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 a "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 "D" felony charges. 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 of the accident, and the law should provide a disincentive for such behavior. Although the New York State Legislature increased all penalties under Vehicle and Traffic Law section 600(2) in amendments that became effective in November 2005, these changes have had arguably little impact upon incidences of hit and run accidents. Within New York City, there were 2,236 hit and run accidents in October 2014. Indeed, many high-profile hit and run accidents resulting in injury or death have been reported by the media over the past year within the five boroughs. Every year, hit and run accidents are a large problem for the entire state of New York. Stronger action is clearly required, and additional increases are warranted.

Increasing all penalties for leaving the scene under Vehicle and Traffic Law 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.

Prior legislative history

2016:S.1108-Passed the Senate 2015:S.1108-Passed the Senate 2014:S.2503-Passed the Senate 2013:S.2503-Passed the Senate 2012:S.2918-Passed the Senate 2011:S.2918-Passed the Senate 2010:S.3570-Referred to Transportation 2009:S.3570-Referred to Transportation

Fiscal implications

None to the State

Effective date

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