senate Bill S8152

2021-2022 Legislative Session

Enacts the crash victims bill of rights

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2022 print number 8152a
May 24, 2022 amend (t) and recommit to transportation
Jan 26, 2022 referred to transportation

Co-Sponsors

view additional co-sponsors

S8152 - Details

See Assembly Version of this Bill:
A9152
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §607, amd §227, V & T L; add §202-n, Lab L

S8152 - Summary

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 (view more) directs the superintendent of financial services to conduct a study and complete a report on certain automobile crash information.

S8152 - Sponsor Memo

S8152 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8152
 
                             I N  S E N A T E
 
                             January 26, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and  traffic  law  and  the  labor  law,  in
   relation to enacting the "crash victims bill of rights"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may  be  cited  as  the  "crash
 victims bill of rights".
   §  2.  The  vehicle and traffic law is amended by adding a new section
 607 to read as follows:
   § 607. REPORTS; INJURED OR KILLED PERSONS.  ANY REPORT OF AN  ACCIDENT
 REQUIRED  UNDER  THIS  ARTICLE OR UNDER THE RULES AND REGULATIONS OF THE
 COMMISSIONER, IN  WHICH  ANY  PERSON  IS  KILLED  OR  INJURED  SHALL  BE
 PROVIDED,  FREE  OF  CHARGE,  TO ALL PERSONS INJURED AS A RESULT OF SUCH
 ACCIDENT, AND TO THE NEXT OF KIN OF ALL PERSONS KILLED AS  A  RESULT  OF
 SUCH  ACCIDENT.  EACH  SUCH REPORT SHALL BE PROVIDED WITHIN TEN BUSINESS
 DAYS OF ITS RECEIPT BY THE COMMISSIONER.
   § 3. Subdivision 1 of section 227 of the vehicle and traffic  law,  as
 amended  by  chapter  337  of  the  laws  of 1970, is amended to read as
 follows:
   1. A. Every hearing for the adjudication of a traffic  infraction,  as
 provided  by  this  article,  shall  be  held  before  a hearing officer
 appointed by the commissioner. The burden of proof  shall  be  upon  the
 people,  and no charge may be established except by clear and convincing
 evidence. The commissioner may prescribe, by  rule  or  regulation,  the
 procedures for the conduct of such hearings.
   B. THE COMMISSIONER SHALL PRESCRIBE, BY RULE OR REGULATION, PROCEDURES
 FOR  PRESENTATION  OF  VICTIM  IMPACT  STATEMENTS BY INDIVIDUALS INJURED
 DURING THE COURSE OF A TRAFFIC INFRACTION, OR IN THE  CASE  OF  A  DEATH
 RESULTING FROM SUCH TRAFFIC INFRACTION, FROM THE DECEASED'S NEXT OF KIN,
 AT  HEARINGS  FOR  THE  ADJUDICATION  OF A TRAFFIC INFRACTION UNDER THIS
 SECTION.
   § 4. The labor law is amended by adding a new section 202-n to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S8152A (ACTIVE) - Details

See Assembly Version of this Bill:
A9152
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §607, amd §227, V & T L; add §202-n, Lab L

S8152A (ACTIVE) - Summary

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 (view more) directs the superintendent of financial services to conduct a study and complete a report on certain automobile crash information.

S8152A (ACTIVE) - Sponsor Memo

S8152A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8152--A
 
                             I N  S E N A T E
 
                             January 26, 2022
                                ___________
 
 Introduced by Sens. HOYLMAN, BAILEY, BIAGGI, BRISPORT, CLEARE, GIANARIS,
   MAYER, MYRIE, SEPULVEDA, THOMAS -- read twice and ordered printed, and
   when  printed  to  be  committed to the Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  vehicle  and  traffic law and the labor law, in
   relation to enacting the crash victims bill of rights
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as the "crash
 victims bill of rights".
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 607 to read as follows:
   §  607. REPORTS; INJURED OR KILLED PERSONS.  1. ANY REPORT OF AN ACCI-
 DENT REQUIRED UNDER THIS ARTICLE OR UNDER THE RULES AND  REGULATIONS  OF
 THE  COMMISSIONER,  IN  WHICH  ANY  PERSON IS KILLED OR INJURED SHALL BE
 PROVIDED, FREE OF CHARGE:
   (A) TO ALL PERSONS INJURED AS A RESULT OF SUCH ACCIDENT;
   (B) TO THE NEXT OF KIN OF ALL PERSONS KILLED OR SERIOUSLY INJURED AS A
 RESULT OF SUCH ACCIDENT; AND
   (C) TO THE PARENT OR GUARDIAN OF ALL PERSONS UNDER THE AGE OF EIGHTEEN
 INJURED AS A RESULT OF SUCH ACCIDENT.
   2. REPORTS PROVIDED PURSUANT TO THIS SECTION SHALL BE  MADE  AVAILABLE
 ELECTRONICALLY.
   3.  REPORTS PROVIDED PURSUANT TO THIS SECTION SHALL BE PROVIDED WITHIN
 TWENTY-FOUR HOURS OF PROCESSING BY THE DEPARTMENT.
   4. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE
 NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   § 3.  Section 606 of the vehicle and traffic law, as added by  chapter
 429 of the laws of 2015, is amended to read as follows:
   § 606. Processing of required reports. The commissioner, when process-
 ing  reports  of  accidents  filed  pursuant  to  this article, AND WHEN
 DISTRIBUTING REPORTS PURSUANT TO SECTION SIX HUNDRED SEVEN OF THIS ARTI-
 CLE, shall give priority to reports involving PERSONS UNDER THE  AGE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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