What's happening
Alix's Law expands the duty of drivers, particularly intoxicated ones, to investigate and report if their vehicle has come into contact with a person or property, presuming knowledge of damage or injury unless proven otherwise.
Why it matters
Raises expectations for driver accountability. The bill explicitly requires all drivers, especially those who may be intoxicated, to conduct a "reasonable and good faith investigation" if they suspect their vehicle has come into contact with a person or property—making it harder for drivers to claim ignorance after a hit-and-run.
Presumption of knowledge for intoxicated drivers. If a driver is under the influence and their vehicle causes injury or property damage, the law will presume they knew (or had reason to know) about the incident, unless they can prove otherwise—removing a common legal defense in hit-and-run prosecutions.
Closes a loophole for impaired drivers. The amendments counteract the defense that intoxication or impairment prevented the driver from realizing an incident occurred, ensuring that being under the influence cannot excuse a failure to stop and report.
Impacts rideshare (TNC) drivers. The bill clarifies required disclosures and insurance documentation for rideshare drivers (those using digital networks like Uber or Lyft), explicitly including them in the duty to investigate, report, and provide information after an incident.
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Who cares
Motor vehicle drivers
Drivers who know or have cause to know their vehicle made contact with a person or property would have to conduct a reasonable, good-faith investigation before determining whether damage or injury triggers reporting duties.
Drivers operating under the influence of alcohol or drugs
The bill would presume knowledge of injury or property damage from vehicle contact unless drivers show they would not have known regardless of intoxication or impairment.
People injured in vehicle incidents and property owners
The investigation requirement would require drivers to check for injury or damage that triggers duties to stop, share identifying and insurance information, and report the incident as required.
Police officers and prosecutors
The bill would add an investigation duty and rebuttable knowledge presumptions relevant to enforcing leaving-the-scene requirements.
Headline styles
Tougher Hit-and-Run Rules
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
857
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. GALLIVAN -- 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 leaving the scene of an incident without reporting
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 "Alix's Law".
§ 2. Paragraph a of subdivision 1 and paragraph a 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, are amended to read as follows:
a. Any person operating a motor vehicle who, knowing or having cause to know that the motor vehicle operated by such person has come in contact with a person, real property or personal property, has a duty to perform a reasonable and good faith investigation of the incident and if as a result of such investigation such person knows or has reason to know that damage has been caused to the real property or to the personal property, not including animals, of another, due to [an incident involving] the contact of the motor vehicle operated by such person, such person shall, before leaving the place where the damage occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy, and license number to the party sustaining the damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer. A person operating a motor vehicle in violation of section eleven hundred ninety-two of this chapter, that came into
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02816-01-9
S. 857 2
contact with a person, real property, or personal property, that resulted in damage to real property or to the personal property, not including animals of another, shall be presumed to have known or have cause to know of such contact and of such damage, unless such person shows that they would not have known or have cause to know of such contact and of such injury regardless of intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs. In addition to the foregoing, any such person shall also: (i) produce the proof of insurance coverage required pursuant to article forty-four-B of this chapter if such person is a TNC driver operating a TNC vehicle while the incident occurred who was (A) logged on to the TNC's digital network but not engaged in a TNC prearranged trip or (B) was engaged in a TNC prearranged trip; and (ii) disclose whether he or she, at the time such incident occurred, was (A) logged on to the TNC's digital network but not engaged in a TNC prearranged trip or (B) was engaged in a TNC prearranged trip.
a. Any person operating a motor vehicle who, knowing or having cause to know that the motor vehicle operated by such person has come in contact with a person, real property or personal property, has a duty to perform a reasonable and good faith investigation of the incident and if as a result of such investigation such person knows or has reason to know that personal injury has been caused to another person, due to [an incident involving] the contact of the motor vehicle operated by such person, such person shall, before leaving the place where the said personal injury occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and street number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy and license number, to the injured party, if practical, and also to a police officer, or in the event that no police officer is in the vicinity of the place of said injury, then, he or she shall report said incident as soon as physically able to the nearest police station or judicial officer. A person operating a motor vehicle in violation of section eleven hundred ninety-two of this chapter, that came into contact with a person, real property, or personal property, that resulted in injury to another person, shall be presumed to have known or have cause to know of such injury, unless such person shows that they would not have known or have cause to know of such contact and of such injury regardless of intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs. In addition to the foregoing, any such person shall also: (i) produce the proof of insurance coverage required pursuant to article forty-four-B of this chapter if such person is a TNC driver operating a TNC vehicle at the time of the incident who was (A) logged on to the TNC's digital network but not engaged in a TNC prearranged trip or (B) was engaged in a TNC prearranged trip; and (ii) disclose whether he or she, at the time such incident occurred, was (A) logged on to the TNC's digital network but not engaged in a TNC prearranged trip or (B) was engaged in a TNC prearranged trip.
§ 3. This act shall take effect immediately.
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
Purpose
This bill amends subdivisions 1 and 2 of Section 600 of the vehicle and traffic law (VTL) in relation to leaving the scene of an incident with- out reporting to include operating a vehicle while under the influence of alcohol or drugs.
Summary of provisions
Modifies the crime of leaving the scene of an incident without reporting when a driver is intoxicated by creating a duty to investigate when a driver knows or has reason to know that he or she has collided with anything. An intoxicated driver is presumed to know or have reason to know that he or she has made contact with a person or property.
Existing law
Current law states that a person must knowingly, or have reason to know that he or she caused personal injury or property damage to be guilty of leaving the scene of an incident without reporting.
Justification
Too often drunk drivers flee the scene of an accident to avoid being accountable for their actions. In some cases, they leave seriously injured or dying victims at the scene of impact. Current law requires that a prosecutor prove that a drunk driver knowingly or had cause to know that they caused personal injury or property damage. This law modi- fies that statute so that drivers illegally operating their vehicle under the influence of drugs or alcohol are held responsible when leav- ing the scene of an incident.
In 2011, 18-year-old Alix Rice, while riding her longboard, was killed by a drunk driver who fled the scene of the crime. The defendant argued that he was not aware he had hit a person and his defense team was successful in getting him acquitted on the felony charge of leaving the scene of an accident. Meanwhile, the defendant was convicted of operat- ing a vehicle while under the influence of alcohol.
Drunk drivers are already in violation of the law when operating a motor vehicle. Additionally, their perception and awareness are compromised. Because of these factors, the burden should not fall on the prosecution to prove an intoxicated driver's knowledge of causing, damage to proper- ty or injuring other people. Instead, an intoxicated driver should be held fully accountable whenever an accident occurs. This bill will presume that an intoxicated driver knew or had reason to know that damage or injury has occurred and should have stopped to investigate.
Legislative history
2017-18: S.3393-A/A.1944-A Passed Senate/Referred to Transportation 2015-16: S.405/A.4760 Passed Senate/Referred to Transportation 2013-14: S.1698-A/A.9818 Passed Senate/Referred to Transportation 2011-12: S.7866/A.10754-A Referred to Rules/Referred to Transportation
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.