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.
STATE OF NEW YORK
________________________________________________________________________
6367
2023-2024 Regular Sessions
IN ASSEMBLY
April 5, 2023
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 6 and 7 of section 125.14 of the penal law,
2 subdivision 6 as amended and subdivision 7 as added by chapter 496 of
3 the laws of 2009, are amended and a new subdivision 8 is added to read
4 as follows:
5 (6) has previously been convicted of violating any provision of this
6 article or article one hundred twenty of this title involving the opera-
7 tion of a motor vehicle, or was convicted in any other state or juris-
8 diction of an offense involving the operation of a motor vehicle which,
9 if committed in this state, would constitute a violation of this article
10 or article one hundred twenty of this title; [or]
11 (7) commits such crime while operating a motor vehicle while a child
12 who is fifteen years of age or less is a passenger in such motor vehicle
13 and causes the death of such child[.]; or
14 (8) commits such crime and then leaves the scene of the accident in
15 the manner defined in subdivision two of section six hundred of the
16 vehicle and traffic law.
17 § 2. Subdivisions 5 and 6 of section 120.04-a of the penal law, subdi-
18 vision 5 as amended and subdivision 6 as added by chapter 496 of the
19 laws of 2009, are amended and a new subdivision 7 is added to read as
20 follows:
21 (5) has previously been convicted of violating any provision of this
22 article or article one hundred twenty-five of this title involving the
23 operation of a motor vehicle, or was convicted in any other state or
24 jurisdiction of an offense involving the operation of a motor vehicle
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00096-01-3
A. 6367 2
1 which, if committed in this state, would constitute a violation of this
2 article or article one hundred twenty-five of this title; [or]
3 (6) commits such crime while operating a motor vehicle while a child
4 who is fifteen years of age or less is a passenger in such motor vehicle
5 and causes serious physical injury to such child[.]; or
6 (7) commits such crime and then leaves the scene of the accident in
7 the manner defined in subdivision two of section six hundred of the
8 vehicle and traffic law.
9 § 3. This act shall take effect on the one hundred twentieth day after
10 it shall have become a law.
