Includes leaving the scene of an accident within the crimes of aggravated vehicular manslaughter and aggravated vehicular assault when physical injury or death occurs to a person or persons.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6367
SPONSOR: Weprin TITLE OF BILL:
An act to amend the penal law, in relation to leaving the scene of a
motor vehicle accident that resulted in physical injury or death of a
person or persons
PURPOSE:
This bill provides that a person who leaves the scene of a motor vehicle
accident that caused the death of a person or persons shall be presumed
to have had a blood alcohol content of .18.
SUMMARY OF PROVISIONS:
This bill creates the presumption that, when the operator of a motor
vehicle is involved in an accident that causes the death of another•
person, and then flees the scene of such accident, that driver is
presumed to have been intoxicated with a .18 blobd alcohol content. The
second section of this bill creates the presumption that, when the oper-
ator of a motor vehicle is involved in an accident that causes serious
physical injury to another person, and then flees the scene of such
accident, that driver is presumed to have been intoxicated with a .18
blood alcohol content.
JUSTIFICATION:
This bill fixes a loophole in the penal law that actually rewards drunk
drivers who cause an accident and flee the scene until they sober up.
This bill addresses the tragedy that occurred in Brooklyn, New York,
where a young pregnant couple was killed on the way to the hospital to
deliver their baby. The driver who caused the accident fled the scene
and was not apprehended until several days later. This bill would create
a harsh penalty for such fleeing drivers which will encourage New York
State drivers who cause accidents to remain on the scene and-allow for a
proper law enforcement investigation.
LEGISLATIVE HISTORY:
02/06/17 referred to codes
01/03/18 referred to codes
FISCAL IMPLICATION:
None.
EFFECTIVE DATE:
120 days after it becomes law.
