STATE OF NEW YORK ________________________________________________________________________ 246 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ Introduced by Sens. GALLIVAN, KENNEDY, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the vehicle and traffic law, in relation to leaving the scene of an incident without reporting; and making an appropriation therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "hit-and- 2 run prevention act". 3 § 2. Paragraph c of subdivision 2 of section 600 of the vehicle and 4 traffic law, as amended by chapter 497 of the laws of 2022, is amended 5 to read as follows: 6 c. A violation of the provisions of paragraph a of this subdivision 7 resulting solely from the failure of an operator to exhibit his or her 8 license and insurance identification card for the vehicle or exchange 9 the information required in such paragraph shall constitute a class B 10 misdemeanor punishable by a fine of not less than two hundred fifty nor 11 more than five hundred dollars in addition to any other penalties 12 provided by law. Any subsequent such violation shall constitute a class 13 A misdemeanor punishable by a fine of not less than five hundred nor 14 more than one thousand dollars in addition to any other penalties 15 provided by law. Any violation of the provisions of paragraph a of this 16 subdivision, other than for the mere failure of an operator to exhibit 17 his or her license and insurance identification card for such vehicle or 18 exchange the information required in such paragraph, shall constitute a 19 class A misdemeanor, punishable by a fine of not less than seven hundred 20 fifty dollars nor more than one thousand dollars in addition to any 21 other penalties provided by law. Any such violation committed by a 22 person after such person has previously been convicted of such a 23 violation shall constitute a class E felony, punishable by a fine of not EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00207-01-3
S. 246 2 1 less than one thousand nor more than three thousand dollars in addition 2 to any other penalties provided by law. Any violation of the provisions 3 of paragraph a of this subdivision, other than for the mere failure of 4 an operator to exhibit his or her license and insurance identification 5 card for such vehicle or exchange the information required in such para- 6 graph, where the personal injury involved (i) results in serious phys- 7 ical injury, as defined in section 10.00 of the penal law, shall consti- 8 tute a class [E] D felony, punishable by a fine of not less than one 9 thousand nor more than five thousand dollars in addition to any other 10 penalties provided by law, or (ii) results in death shall constitute a 11 class [D] C felony punishable by a fine of not less than two thousand 12 nor more than five thousand dollars in addition to any other penalties 13 provided by law. 14 § 3. The division of criminal justice services shall establish a 15 public information campaign to instruct the public that leaving the 16 scene of a collision can result in serious penalties and the penalties 17 will be significantly increased if a motorist leaves the scene of a 18 collision that results in serious injury or death. The campaign shall 19 stress that an intoxicated or impaired motorist that leaves the scene 20 will not avoid the severity of charges of driving while intoxicated 21 (DWI) or driving while ability impaired (DWAI). This act makes the 22 penalties for leaving the scene of a collision that results in serious 23 injury or death the same whether the individual is intoxicated or sober. 24 By staying at the scene of a collision and calling 911, the victim has a 25 greater chance at survival and recovery. 26 § 4. The division of criminal justice services shall establish and 27 administer a state wide hit-and-run alert system. When a hit-and-run 28 results in serious physical injury or death within the state, the 29 responding law enforcement agency shall request a hit-and-run alert from 30 the division of criminal justice services. This request shall include at 31 least detailed information on the make, model, color and license plate 32 number of the vehicle and a driver description, when available. The 33 division of criminal justice services shall formulate criteria to deter- 34 mine whether a law enforcement agency's request includes sufficient data 35 to justify an alert. If the criteria are met, the division of criminal 36 justice services shall approve and administer the alert. A hit-and-run 37 alert shall include information on the suspect vehicle and be distrib- 38 uted electronically by email notification, text message, and/or tele- 39 phone to every police agency, television and radio station, newspaper, 40 travel plaza, toll barrier, airport, bus terminal, train station, and 41 border crossing. The division of criminal justice services can determine 42 which distribution channels are used to ensure that alerts are effi- 43 ciently reaching the broadest audience. The alert will continue for a 44 particular amount of time determined by the division of criminal justice 45 services. 46 § 5. The sum of one million dollars ($1,000,000), or so much thereof 47 as may be necessary, is hereby appropriated to the public information 48 campaign to instruct the public on leaving the scene of a collision as 49 established pursuant to section three of this act from any moneys in the 50 state treasury not otherwise appropriated and made immediately available 51 to the division of criminal justice services for the purposes of carry- 52 ing out the provisions of section three of this act. Such moneys shall 53 be payable on the audit and warrant of the comptroller on vouchers 54 certified or approved by the commissioner of criminal justice services 55 in the manner prescribed by law.
S. 246 3 1 § 6. This act shall take effect on the one hundred twentieth day after 2 it shall have become a law. Effective immediately, the addition, amend- 3 ment and/or repeal of any rule or regulation necessary for the implemen- 4 tation of this act on its effective date are authorized to be made and 5 completed on or before such effective date.