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S4443Senate2019-2020 Session

Increase Hit-and-Run Penalties

Official title

“Increases penalty for leaving scene of an accident without reporting to class E felony”

Sponsor Kevin S. ParkerSD-21+2 co-sponsorsAffects Transportation
Status
In Senate Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill increases penalties and upgrades criminal charges for leaving the scene of an accident without reporting in New York.

Why it matters

  1. Upgrades certain offenses from misdemeanors to felonies. Leaving the scene of an accident (not just failing to exchange information) now becomes a class E felony instead of a class A misdemeanor, significantly increasing the seriousness of the charge and potential consequences.

  2. Raises minimum and maximum fines. For first-time offenses, fines increase from a $500 minimum/$1,000 maximum to a $1,000 minimum/$2,500 maximum; repeat offenses see an even larger jump, with minimum fines doubling and maximum fines potentially rising to $5,000.

  3. Escalates charges for repeat offenders. A second offense for leaving the scene (beyond failing to show documents) is elevated from a class E felony to a class D felony, which carries more severe penalties under New York law.

  4. Targets cases involving injury or death. While the current law already distinguishes between accidents resulting in injury or death, the bill maintains felony status for these cases but ensures consistency with the new, higher fine amounts and confirms the elevated penalties for more severe outcomes.

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Who cares

  • Drivers

    The bill would make leaving an accident scene without reporting a class E felony rather than a class A misdemeanor, except for violations involving only failure to show documents or exchange information.

  • Repeat offenders

    A subsequent qualifying violation would become a class D felony rather than a class E felony, with fines rising to $2,000–$5,000.

  • Prosecutors and defense attorneys

    The bill would increase fines for an initial qualifying violation to $1,000–$2,500 while leaving the separate penalties for serious-injury and fatal cases unchanged.

Headline styles

Increase Hit-and-Run Penalties

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

Sponsors

Primary sponsor
Kevin S. Parker

Senator · Senate District 21

Chair, Energy And Telecommunications

History

  1. Referred to transportation
  2. Referred to transportation

Full text

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

STATE OF NEW YORK

4443

2019-2020 Regular Sessions

IN SENATE

March 11, 2019

Introduced by Sens. PARKER, ADDABBO, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to increasing penalties for leaving the scene of an accident without reporting

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

Section 1. 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] E felony, punishable by a fine of not less than [five hundred] one thousand dollars nor more than [one] two thousand five hundred 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] D felony, punishable by a fine of not less than [one] two thousand nor more than [two] five thousand [five hundred] dollars in addition to any other penalties provided by law. Any violation of the provisions of

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

[ ] is old law to be omitted.

LBD04629-01-9

S. 4443 2

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, 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 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 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.

§ 2. This act shall take effect on the first of November next succeeding the date on which 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 vehicle and traffic law, in relation to increasing penalties for leaving the scene of an accident without reporting

Purpose or general idea of bill

Increases the classification of leaving the scene of an accident without reporting from a class A misdemeanor to a class E felony for the first offense and from a class E felony to a class D felony on the second offense.

Summary of specific provisions

Amends paragraph c of subdivision 2 of section 600 of the vehicle and traffic law to change classification of leaving the scene of an accident without reporting from a class A misdemeanor to a class E felony for the first offense and from a class E felony to a class D felony on the second offense.

Justification

Leaving the scene of an accident is a very serious offense and should be treated as such. By increasing the penalties for such a violation we will be able to make the punishment fit the crime. Hit and run accidents are especially dangerous because if someone is hurt and the driver doesn't report it that person may not get the proper care when they need it. If we want to deter this from happening and punish those who commit this reckless act we must increase the penalties for such crimes.

Prior legislative history

2017-18: S2349 - passed the Senate, Delivered to Assembly 2015-2016: S1726/A4638 - Referred to Transportation 2013-14: A1257/ Trans 2011-12: A.1171/Trans 2009-10: A1342/Trans, S.2787/Trans 2007-08: A4419/Transportation 2006: A9737

Fiscal implications

None.

Effective date

First of November next succeeding the date on which it shall have become law.

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