LEAVING SCENE OF AUTO ACCIDENT H.B. 4210: FLOOR ANALYSIS




House Bill 4210 (as reported without amendment)
Sponsor: Representative John Stakoe
House Committee: Judiciary
Senate Committee: Judiciary

CONTENT
The bill would amend provisions of the Michigan Vehicle Code relating to a driver's failure to stop at the scene of an accident, to do all of the following:

-- Delete references to the driver's knowledge or belief that the accident resulted in death, serious impairment of a body function, injury, or vehicle damage.
-- Allow a driver, instead of stopping at the scene, to report the accident to a police agency or officer, if the driver reasonably believed that remaining would result in further harm.
-- Reduce the maximum fine from $500 to $100 for failing to stop at the scene of an accident that caused only damage to another vehicle.


Under the Code, if a driver knows or has reason to believe that he or she has been involved in an accident resulting in death, serious impairment, injury to a person, or damage to a vehicle, the driver must stop immediately at the scene of the accident and remain there until the requirements of Section 619 are fulfilled. (Section 619 requires the driver to give his or her name and address and the vehicle's registration number, and show his or her driver's license, to a police officer, the person struck, or the driver or occupants of a vehicle that is hit, and to assist an injured person in securing medical aid or transportation.)


Under the bill, a driver who knew or had reason to believe that he or she had been involved in an accident would have to stop immediately at the scene and remain there until fulfilling the requirements of Section 619. If there were a reasonable and honest belief that remaining at the scene would result in further harm, however, the driver could report the accident immediately to the nearest or most convenient police agency or officer.


MCL 257.617-257.619 Legislative Analyst: Suzanne Lowe

FISCAL IMPACT
The bill would have an indeterminate fiscal impact on State and local government. According to the Department of Corrections Statistical Report, in 2002 there were 51 offenders convicted of failing to stop at an accident. Of those, 24 offenders received prison sentences, three received jail sentences, and 24 received probation or some other sentence. There are no data to indicate how many additional offenders would be convicted due to the proposed amendments. Local units incur the costs of misdemeanor probation and incarceration in local facilities, which vary by county. The State incurs the cost of felony probation at an average annual cost of $2,000, as well as the cost of incarceration in a State facility at an average annual cost of $28,000.


Date Completed: 3-9-05 Fiscal Analyst: Bethany Wicksall


floor\hb4210 Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4210/0506