NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3230A
SPONSOR: Cymbrowitz (MS) TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to increasing
penalties for leaving the scene of an incident without reporting
PURPOSE:
This bill strengthens the penalties that may be imposed upon motorists
who leave the scene of an accident where an injury occurs.
SUMMARY OF PROVISIONS:
Section one provides this act shall be known and may be cited as "Seth's
law."
Section two of this bill amends Vehicle and Traffic Law section
600(2)(c) concerning leaving the scene of an accident without reporting.
The penalty for leaving the scene of an accident without reporting when
there is property damage is increased from an "A" misdemeanor to an "E"
felony. The minimum and maximum fines that may be imposed are also
increased by $500 to $1,000 and $1,500, respectively.
The penalty for repeat offenders is increased from an "E" felony to a
"D" felony. The minimum and maximum fines that may be imposed are also
increased by $500 to $1,500 and $3,000, respectively.
The penalty for leaving the scene of an accident without reporting when
the accident resulted in serious bodily injury is increased from an "E"
felony to a "D" felony. The minimum and maximum fines that may be
imposed are also increased by $500 to $1,500 and $5,500, respectively.
The penalty for leaving the scene of an accident when the accident
resulted in death is increased from a "D" felony to a "C" felony. The
minimum and maximum fines that may be imposed are also increased by $500
to $2,500 and $5,500, respectively.
Section three of this bill provides that this act shall take effect on
the first of November next succeeding the date on which it shall have
become a law.
EXISTING LAW:
Currently, the Vehicle and Traffic Law provide penalties for motorists
who leave the scene of an accident without reporting. These penalties
range from an "A" misdemeanor with a maximum fine of $1,000 when the
accident resulted in property damage to a "D" felony with a maximum fine
of $5,000 when the accident resulted in a death.
JUSTIFICATION:
If a driver remains at the scene of an accident, where injury occurs and
is intoxicated or impaired by drugs or a combination of drugs and alco-
hol, he or she can be charged with a "D" felony. A conviction on such a
charge carries a maximum penalty of up to 7 years of imprisonment. This
legislation proposes that all penalties for leaving the scene of an
incident without reporting be increased. By doing so, the first-time
offender causing injury faces "D" felony charges. This will be commensu-
rate with charges faced by a drunk driver who causes serious physical
injury and remains at the scene. Likewise, an offender who leaves the
scene of an accident resulting in death will face a "C" felony which
will be commensurate with charges faced by a drunk driver of an accident
resulting in death and remains at the scene resulting in a sentence of
up to 15 years of imprisonment.
Penalties should not be less severe for a driver who injures others and
leaves the scene of the accident, and the law should provide a disincen-
tive for such behavior. Although the New York State Legislature
increased all penalties under Vehicle and Traffic Law section 600(2) in
amendments that became effective in November 2005, these changes have
had arguably little impact upon incidences of hit and run accidents.
Within New York City, there were 2,236 hit and run accidents in October
2014. Indeed, many high-profile hit and run accidents resulting in inju-
ry or death have been reported by the media over the past year within
the five boroughs. Every year, hit and run accidents are a large problem
for the entire state of New York. Stronger action is clearly required,
and additional increases are warranted.
Increasing all penalties for leaving the scene under Vehicle and Traffic
Law section 600(2)(c) will deter drivers from leaving injured victims on
the road, facilitate police investigation, and permit chemical testing
of drivers by the police in cases where such testing is warranted.
PRIOR LEGISLATIVE HISTORY:
2009-10 A.6872 Transportation; S.3570 Transportation
2011-12 A.3350 Transportation; S.2918 Transportation
2013-14 A.1533 Transportation; S.2503 Transportation
2015-16 A.1879 Transportation; S.1108 Transportation
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.
