Add §607, amd §§606 & 227, V & T L; add §202-n, Lab L
Enacts the "crash victims bill of rights"; requires accident reports to be delivered to victims of accidents or their next of kin; requires victim impact statements to be delivered at traffic infraction hearings by injured parties or their next of kin; requires employers to grant leave of absence to employees delivering a victim impact statement at a traffic infraction hearing; directs the superintendent of financial services to conduct a study and complete a report on certain automobile crash information.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9152A
TITLE OF BILL:
An act to amend the vehicle and traffic law and the labor law, in
relation to enacting the crash victims bill of rights
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 names the bill the Crash Victims Bill of Rights
Section 2 adds a new section 607 to the vehicle and traffic law ensures
free and timely copies of all crash reports to crash victims and next of
kin of all persons killed as a result of a crash.
Section 3 amends section 606 of the vehicle and traffic law to require
crash reports involving persons under the age of 18 are prioritized for
Section 4 amends subdivision 1 of section 227 of the vehicle and traffic
law by directing the commissioner of the Department of Motor Vehicles to
prescribe procedures for the presentation of victim impact statements by
individuals injured in a crash, and by next of kin for persons killed in
a crash at DMV hearings.
Section 5 adds a new section 202-n to the labor law to ensure that
employees are granted a leave of absence in order to provide an impact
statement at DMV hearings.
Section 6 directs the Superintendent of Financial Services to conduct a
study and prepare a report examining the unmet resource needs of crash
victims and their families.
Section 7 sets a 180 day effective date.
Over 3,000 people are killed or seriously injured in a traffic crash
every year in New York, in addition to several thousand injuries that do
not rise to the level or serious injury. Survivors and their families
can be devastated in the aftermath of a traffic crash as they deal with
law enforcement, insurance companies, medical care, loss of income,
counseling, bereavement, and other complications. Survivors of traffic
crashes and their next of kin deserve additional rights in the aftermath
of a crash to help them begin recovering from the traumatic ordeal. This
legislation will do so by ensuring all crash victims and next of kin
are; given free and timely copies of all crash reports; afforded the
ability to provide an impact statement at DMV adjudications; and
provided with a leave of absence from their employer for the purposes of
providing an impact statement at DMV adjudications.
PRIOR LEGISLATIVE HISTORY:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.