S T A T E O F N E W Y O R K
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
Introduced by M. of A. GLICK, FAHY, SIMON, RAJKUMAR, OTIS, GIBBS,
SEAWRIGHT, THIELE, GONZALEZ-ROJAS, CRUZ, DE LOS SANTOS, DAVILA,
SILLITTI, CARROLL, EPSTEIN, DINOWITZ -- read once and referred 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. 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 1901 2
DISTRIBUTING REPORTS PURSUANT TO SECTION SIX HUNDRED SEVEN OF THIS ARTI-
CLE, shall give priority to reports involving PERSONS UNDER THE AGE OF
EIGHTEEN, serious physical injury (as defined in subdivision ten of
section 10.00 of the penal law), or death.
§ 4. 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
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
§ 5. The labor law is amended by adding a new section 202-m to read as
§ 202-M. LEAVE OF ABSENCE FOR TRAFFIC HEARINGS; IMPACT STATEMENTS. 1.
FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
(A) "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR HIRE FOR AN
EMPLOYER, FOR AN AVERAGE OF TWENTY OR MORE HOURS PER WEEK, AND INCLUDES
ALL INDIVIDUALS EMPLOYED AT ANY SITE OWNED OR OPERATED BY AN EMPLOYER,
BUT SHALL NOT INCLUDE AN INDEPENDENT CONTRACTOR.
(B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS TWENTY OR MORE
EMPLOYEES ON AT LEAST ONE SITE AND INCLUDES AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, ASSOCIATION, NONPROFIT ORGANIZATION, GROUP OF PERSONS,
COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY OR OTHER GOVERN-
MENTAL SUBDIVISION OF ANY KIND.
2. AN EMPLOYER SHALL GRANT A LEAVE OF ABSENCE TO AN EMPLOYEE PROVIDING
AN IMPACT STATEMENT AT A TRAFFIC INFRACTION ADJUDICATION HEARING UNDER
SECTION TWO HUNDRED TWENTY-SEVEN OF THE VEHICLE AND TRAFFIC LAW, AND WHO
IS ELIGIBLE TO DO SO PURSUANT TO RULES AND REGULATIONS PROMULGATED
PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SUCH SECTION. THE LENGTH
OF SUCH LEAVE SHALL NOT EXCEED FOUR WORK HOURS, UNLESS OTHERWISE AGREED
TO BY SUCH EMPLOYER.
3. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN EMPLOYEE FOR REQUESTING
OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED BY THIS SECTION FOR THE
PURPOSE OF PROVIDING A VICTIM IMPACT STATEMENT AT A TRAFFIC INFRACTION
ADJUDICATION HEARING UNDER SECTION TWO HUNDRED TWENTY-SEVEN OF THE VEHI-
CLE AND TRAFFIC LAW.
4. THE PROVISIONS OF THIS SECTION SHALL NOT PREVENT AN EMPLOYER FROM
GRANTING A LEAVE OF ABSENCE TO AN EMPLOYEE PROVIDING A VICTIM IMPACT
STATEMENT AT A TRAFFIC INFRACTION ADJUDICATION HEARING UNDER SECTION TWO
HUNDRED TWENTY-SEVEN OF THE VEHICLE AND TRAFFIC LAW IN ADDITION TO LEAVE
ALLOWED UNDER ANY OTHER PROVISION OF LAW. THE PROVISIONS OF THIS SECTION
SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE
BENEFIT OTHERWISE PROVIDED BY LAW.
§ 6. 1. The superintendent of financial services is hereby authorized
and directed to conduct a study and prepare a report examining the unmet
resource needs facing persons injured in automobile crashes and next of
kin to persons killed in automobile crashes within the past three years
A. 1901 3
for which data and information is available. The superintendent of
financial services may request, and shall receive upon request, data and
information from insurers that provide no-fault or liability auto cover-
age, health insurance coverage, and from any other entities and relevant
sources to meet the purposes of the study. Such data and information
shall include but not be limited to:
(a) The number of persons injured in an automobile crash that filed a
(b) The number of persons injured in an automobile crash that filed
for a liability claim;
(c) The number of persons injured in an automobile crash that received
a no-fault award;
(d) The number of persons injured in an automobile crash that received
a liability award;
(e) The number of persons who filed for a no-fault death benefit on
behalf of a person killed in an automobile crash;
(f) The number of persons who filed a liability claim on behalf of a
person killed in an automobile crash;
(g) The number of persons who received a no-fault award on behalf of a
person killed in an automobile crash;
(h) The number of persons who received a liability award on behalf of
a person killed in an automobile crash;
(i) Aggregate data on no-fault and liability awards paid to persons
injured in an automobile crash, or to awards paid to persons on behalf
of a person killed in an automobile crash; and
(j) Any other data and information the superintendent of financial
services deems relevant to meet the purposes of the study required to be
completed under this section.
2. The report required to be prepared under subdivision one of this
section shall be submitted to the governor, the temporary president of
the senate and the speaker of the assembly on or before December 31,
2023. The superintendent of financial services shall include in such
report an extrapolation of any discernable trends in collected data, and
any recommendations he or she believes would improve access to resources
for automobile crash victims and their families.
3. The superintendent of financial services may consult with any state
or local office, agency, or department and request information from any
such entity that is relevant and material to the completion of the study
and report required to be completed under this section.
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law.