A05266 Summary:

BILL NOA05266
 
SAME ASSAME AS S04747
 
SPONSORThiele
 
COSPNSRGarbarino, Murray, Palumbo
 
MLTSPNSR
 
Add S600-a, V & T L
 
Relates to aggravated leaving the scene of an incident without reporting.
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A05266 Actions:

BILL NOA05266
 
02/17/2015referred to transportation
05/05/2015reported referred to codes
06/10/2015reported referred to rules
06/15/2015reported
06/15/2015rules report cal.345
06/15/2015ordered to third reading rules cal.345
06/16/2015passed assembly
06/16/2015delivered to senate
06/16/2015REFERRED TO RULES
06/16/2015SUBSTITUTED FOR S4747
06/16/2015PASSED SENATE
06/16/2015RETURNED TO ASSEMBLY
11/30/2015delivered to governor
12/11/2015vetoed memo.279
12/11/2015tabled
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A05266 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5266
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to aggravated leaving the scene of an incident without reporting   PURPOSE OR GENERAL IDEA OF BILL: To deter drivers from leaving the scene of personal injury and fatal accidents.   SUMMARY OF SPECIFIC PROVISIONS: The bill creates the new crime "aggravated leaving the scene of an inci- dent without reporting." A person would be guilty of this new crime if he or she engaged in reckless driving and left the scene of an accident resulting in death or serious physical injury either while knowing or having reason to know that his or her license is suspended or revoked for leaving the scene or for driving while intoxicated (DWI) or while ability impaired (DWAI), or had a prior conviction for leaving the scene or for DWI/DWAI. This new crime would be a class C felony.   JUSTIFICATION: New York State is experiencing an epidemic of leaving the scene acci- dents where the outcome has been serious physical injury and death: In Suffolk County alone in 2012, 13 fatalities can be attributed to an individual leaving the scene of an incident without reporting. The crime is particularly egregious since a severely injured person's chance of survival is greatly diminished when medical care is delayed.   PRIOR LEGISLATIVE HISTORY: 2014: A.7315-D   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law and shall apply to violations occurring on and after such date.
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A05266 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5266
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 17, 2015
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Transportation
 
        AN  ACT  to amend the vehicle and traffic law, in relation to aggravated
          leaving the scene of an incident without reporting
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 600-a to read as follows:
     3    § 600-a. Aggravated leaving the scene of an incident  without  report-
     4  ing.  1.  A person is guilty of aggravated leaving the scene of an inci-
     5  dent without reporting when he or she commits the crime of  leaving  the
     6  scene  of  an incident without reporting, in violation of paragraph a of
     7  subdivision two of section six hundred of this  article  (other  than  a
     8  violation resulting solely from the failure of the person to exhibit his
     9  or  her  license  and  insurance  card  for such vehicle or exchange the
    10  information required in such paragraph),  such  incident  resulted  from
    11  such  person's  commission  of  reckless driving in violation of section
    12  twelve hundred twelve of this chapter and such driving in  violation  of
    13  such  section  twelve hundred twelve recklessly caused the death of more
    14  than one other person and/or serious physical injury to  more  than  one
    15  other person, and he or she either:
    16    a. commits such crime while knowing or having reason to know that: (i)
    17  his  or her license or his or her privilege of operating a motor vehicle
    18  in another state or his or her privilege of obtaining a license to oper-
    19  ate a motor vehicle in another state is suspended or  revoked  and  such
    20  suspension  or revocation is based upon a conviction in such other state
    21  for an offense which would, if committed in  this  state,  constitute  a
    22  violation  of  subdivision two of section six hundred of this article or
    23  of any of the provisions of section eleven hundred  ninety-two  of  this
    24  chapter; or (ii) his or her license or his or her privilege of operating
    25  a  motor  vehicle  in  this state or his or her privilege of obtaining a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02367-02-5

        A. 5266                             2
 
     1  license issued by the commissioner is  suspended  or  revoked  and  such
     2  suspension  or  revocation  is following a conviction for a violation of
     3  subdivision two of section six hundred of this article  or  following  a
     4  conviction  for  a  violation of any of the provisions of section eleven
     5  hundred ninety-two of this chapter; or
     6    b. has previously been  convicted  of  violating  subdivision  two  of
     7  section  six hundred of this article or any of the provisions of section
     8  eleven hundred ninety-two of  this  chapter  within  the  preceding  ten
     9  years, provided that, for the purposes of this subdivision, a conviction
    10  in any other state or jurisdiction for an offense which, if committed in
    11  this  state,  would constitute a violation of subdivision two of section
    12  six hundred of this article or section eleven hundred ninety-two of this
    13  chapter shall be treated as a violation of such section.
    14    2. A violation of this section shall  constitute  a  class  C  felony,
    15  punishable  by a fine of not less than two thousand five hundred dollars
    16  nor more than five thousand five hundred  dollars  in  addition  to  any
    17  other penalties provided by law.
    18    3.  For  purposes  of  this section the term "serious physical injury"
    19  shall have the same meaning as such term is defined in section 10.00  of
    20  the penal law.
    21    § 2. This act shall take effect on the first of November next succeed-
    22  ing  the  date  on  which  it shall have become a law and shall apply to
    23  violations occurring on and after such date.
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