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.
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.