S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    967
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. GLICK, SIMON, GIBBS, SEAWRIGHT, GONZALEZ-ROJAS,
   CRUZ, DE LOS SANTOS, DAVILA, R. CARROLL, EPSTEIN,  DINOWITZ,  BURDICK,
   CUNNINGHAM, LEVENBERG, SIMONE, RAGA, LUNSFORD, KELLES -- 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02657-01-5
              

 A. 967                              2
 
   § 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
 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
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 resource  needs facing persons injured in automobile crashes and next of
 kin to persons killed in automobile crashes within the past three  years
 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,
 2025.  The  superintendent  of  financial services shall include in such
 report an extrapolation of any discernable trends in collected data, and
 any recommendations the superintendent of  financial  services  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.