S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1901
 
                        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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02113-01-3
              

 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
 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.
   § 5. The labor law is amended by adding a new section 202-m to read as
 follows:
   §  202-M. LEAVE OF ABSENCE FOR TRAFFIC HEARINGS; IMPACT STATEMENTS. 1.
 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (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
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 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
 no-fault claim;
   (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.