Bill Text: NY A05266 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to aggravated leaving the scene of an incident without reporting.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Vetoed) 2015-12-11 - tabled [A05266 Detail]

Download: New_York-2015-A05266-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5266
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   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    S 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    S 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.