What's happening
This bill increases hit-and-run penalties and creates a statewide alert system and public education campaign.
Why it matters
Higher felony charges. Statewide, leaving a crash involving serious physical injury would rise from a class E to class D felony; fatal cases would rise from class D to class C. The increases exclude violations involving only failure to show documents or exchange information.
Statewide alerts. Responding police agencies would have to request alerts after hit-and-runs causing serious physical injury or death. The Division of Criminal Justice Services would issue alerts when vehicle and suspect information meets its criteria.
Public education funding. The bill would appropriate $1 million for a campaign explaining hit-and-run penalties and urging drivers to remain at crash scenes.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Drivers involved in serious crashes
Leaving the scene could expose them to higher felony charges, whether sober or intoxicated.
Police agencies
They would have to request qualifying hit-and-run alerts and provide vehicle details and driver descriptions when available.
Division of Criminal Justice Services
It would administer the alert system, set alert criteria and run the public information campaign.
Broadcasters, newspapers and transportation facilities
They are designated recipients of electronic alerts identifying suspect vehicles.
Headline styles
Strengthen Hit-and-Run Penalties and Alerts
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to finance
- Referred to finance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1236
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sens. GALLIVAN, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT to amend the vehicle and traffic law, in relation to leaving the scene of an incident without reporting; and making an appropriation therefor
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "hit-andrun prevention act".
§ 2. Paragraph c of subdivision 2 of section 600 of the vehicle and traffic law, as amended by section 4 of part AAA of chapter 59 of the laws of 2017, is amended to read as follows:
c. A violation of the provisions of paragraph a of this subdivision resulting solely from the failure of an operator to exhibit his or her license and insurance identification card for the vehicle or exchange the information required in such paragraph shall constitute a class B misdemeanor punishable by a fine of not less than two hundred fifty nor more than five hundred dollars in addition to any other penalties provided by law. Any subsequent such violation shall constitute a class A misdemeanor punishable by a fine of not less than five hundred nor more than one thousand dollars in addition to any other penalties provided by law. Any violation of the provisions of paragraph a of this subdivision, other than for the mere failure of an operator to exhibit his or her license and insurance identification card for such vehicle or exchange the information required in such paragraph, shall constitute a class A misdemeanor, punishable by a fine of not less than five hundred dollars nor more than one thousand dollars in addition to any other penalties provided by law. Any such violation committed by a person after such person has previously been convicted of such a violation shall constitute a class E felony, punishable by a fine of not less than one thousand nor more than two thousand five hundred dollars in addition to any other penalties provided by law. Any violation of the provisions of paragraph a of this subdivision, other than for the mere failure of an operator to exhibit his or her license and insurance identification
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02943-01-9
S. 1236 2
card for such vehicle or exchange the information required in such paragraph, where the personal injury involved (i) results in serious physical injury, as defined in section 10.00 of the penal law, shall constitute a class [E] D felony, punishable by a fine of not less than one thousand nor more than five thousand dollars in addition to any other penalties provided by law, or (ii) results in death shall constitute a class [D] C felony punishable by a fine of not less than two thousand nor more than five thousand dollars in addition to any other penalties provided by law.
§ 3. The division of criminal justice services shall establish a public information campaign to instruct the public that leaving the scene of a collision can result in serious penalties and the penalties will be significantly increased if a motorist leaves the scene of a collision that results in serious injury or death. The campaign shall stress that an intoxicated or impaired motorist that leaves the scene will not avoid the severity of charges of driving while intoxicated (DWI) or driving while ability impaired (DWAI). This act makes the penalties for leaving the scene of a collision that results in serious injury or death the same whether the individual is intoxicated or sober. By staying at the scene of a collision and calling 911, the victim has a greater chance at survival and recovery.
§ 4. The division of criminal justice services shall establish and administer a state wide hit-and-run alert system. When a hit-and-run results in serious physical injury or death within the state, the responding law enforcement agency shall request a hit-and-run alert from the division of criminal justice services. This request shall include at least detailed information on the make, model, color and license plate number of the vehicle and a driver description, when available. The division of criminal justice services shall formulate criteria to determine whether a law enforcement agency's request includes sufficient data to justify an alert. If the criteria are met, the division of criminal justice services shall approve and administer the alert. A hit-and-run alert shall include information on the suspect vehicle and be distributed electronically by email notification, text message, and/or telephone to every police agency, television and radio station, newspaper, travel plaza, toll barrier, airport, bus terminal, train station, and border crossing. The division of criminal justice services can determine which distribution channels are used to ensure that alerts are efficiently reaching the broadest audience. The alert will continue for a particular amount of time determined by the division of criminal justice services.
§ 5. The sum of one million dollars ($1,000,000), or so much thereof as may be necessary, is hereby appropriated to the public information campaign to instruct the public on leaving the scene of a collision as established pursuant to section three of this act from any moneys in the state treasury not otherwise appropriated and made immediately available to the division of criminal justice services for the purposes of carrying out the provisions of section three of this act. Such moneys shall be payable on the audit and warrant of the comptroller on vouchers certified or approved by the commissioner of criminal justice services in the manner prescribed by law.
§ 6. This act shall take effect on the one hundred twentieth day after it shall have become a law, provided, however, that the commissioner of the division of criminal justice services shall promulgate rules and regulations prior to such effective date necessary to implement the provisions of this act.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to leaving the scene of an incident without reporting; and making an appropriation therefor
Purpose
This legislation aims to prevent motor vehicle operators from leaving the scene of an incident (aka hit and runs) without reporting, when such incident causes serious physical injury or death.
Summary of provisions
Section 1 of the bill establishes the act to be known as the "hit-and- run prevention act".
Section 2 of the bill increases the criminal penalties for leaving the scene of incident without reporting when such incident resulted in seri- ous physical injury or death from a class E felony to a class D felony and from a class D felony to a class C felony, respectively.
Section 3 of the bill requires the Division of Criminal Justice Services (DCJS) to establish a public information campaign in order to educate the public on the increased penalties associated with leaving the scene of incident without reporting.
Section 4 of the bill requires DCJS to establish a statewide hit and run alert system.
Section 5 of the bill establishes an appropriation of up to $1 million in relation to the public information campaign.
Section 6 of the bill establishes the effective date.
Justification
Too often drivers, who are intoxicated as result of consuming alcohol and/or drugs, flee the scene of a motor vehicle accident to avoid being held accountable for their actions. Such reckless behavior may lead to a seriously injured person succumbing to their injuries. That is unaccept- able.
In an effort to curb the prevalence of hit-and-runs statewide, this legislation, in part, would close a loophole in the current statute by increasing criminal penalties that result in serious physical injury or death to be consistent with the current penalties for Vehicular Manslaughter in the 1st degree (a class C felony) and Vehicular Assault in the 1st degree (a class D felony).
Importantly, this bill also establishes an information campaign to educate the public on the severity of the punishment associated with leaving the scene of an incident without reporting. In doing so, it is intended that persons who have committed such an act will choose to conform to the law, thereby possibly saving lives.
Legislative history
2017-18: S.6884/A.8682 Referred to Finance/Referred to Transportation
Fiscal implications
$1 million is appropriated to for the purpose of implementing the public information campaign
Effective date
This act shall take effect on the 120th day.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.