S2355

An Act concerning certain victims and amending P.L.1971, c.317 and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 11 of P.L.1971, c.317 (C.52:4B-11) is amended to read as follows:

11. The Victims of Crime Compensation Office may order the payment of compensation in accordance with the provisions of P.L.1971, c.317 (C.52:4B-1 et seq.) for personal injury or death which resulted from:

a. an attempt to prevent the commission of crime or to arrest a suspected criminal or in aiding or attempting to aid a police officer to do so; or

b. the commission or attempt to commit any of the following offenses:

(1) aggravated assault;

(2) (Deleted by amendment, P.L.1995, c.135).

(3) threats to do bodily harm;

(4) lewd, indecent, or obscene acts;

(5) indecent acts with children;

(6) kidnapping;

(7) murder;

(8) manslaughter;

(9) aggravated sexual assault, sexual assault, aggravated criminal sexual contact, criminal sexual contact;

(10) any other crime involving violence including domestic violence as defined by section 3 of P.L.1981, c.426 (C.2C:25-3) or section 3 of P.L.1991, c.261 (C.2C:25-19);

(11) burglary;

(12) tampering with a cosmetic, drug or food product;

(13) a violation of human trafficking, section 1 of P.L.2005, c.77 (C.2C:13-8); or

c. the commission of a violation of R.S.39:4-50, section 5 of P.L.1990, c.103 (C.39:3-10.13), section 19 of P.L.1954, c.236 (C.12:7-34.19), or section 3 of P.L.1952, c.157 (C.12:7-46); or

d. theft of an automobile pursuant to N.J.S.2C:20-2 or section 1 or 2 of P.L.2023, c.101 (C.2C:20-10.1 or 2C:20-10.2), eluding a law enforcement officer pursuant to subsection b. of N.J.S.2C:29-2 or unlawful taking of a motor vehicle pursuant to subsection b., c., or d. of N.J.S.2C:20-10 where injuries to the victim occur in the course of operating an automobile in furtherance of the offense; or

e. the commission of a violation of N.J.S.2C:16-1, bias intimidation; or

f. simple assault pursuant to N.J.S.2C:12-1 or disorderly conduct pursuant to N.J.S.2C:33-2; or

g. [a motor vehicle accident resulting in injury or death where the driver of the vehicle left the scene of the accident in violation of R.S.39:4-129] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

h. a motor vehicle crash involving a fatality or the removal of a victim from the scene of the crash by an ambulance.

(cf: P.L.2023, c.101, s.8)

2. (New section) The Legislature finds and declares that traffic crash victims and the victim’s families are entitled to the following rights:

a. To obtain, upon request, a free, timely copy of the initial police report and, upon completion, any investigation report, evidence, and materials related to the crash, including but not limited to any follow-up report and documents, photographs taken at the scene of the crash or during postmortem examination, audio and video recordings from body worn cameras as defined in section 1 of P.L.2020, c.128 (C40A:14-118.3), audio and video recordings from the motor vehicle, any other audio or video recordings of the crash, and any summonses that were issued. The provisions of this subsection shall not be construed as limiting or restricting any rights pursuant to the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act;

b. To be notified of court proceedings and be permitted to give an impact statement in related adjudicatory proceedings, including any hearing regarding the suspension or revocation of the driver’s license of the other driver;

c. To have the right to reasonable leave from the person’s employer to participate in any hearings conducted by the Motor Vehicle Commission that are related to the motor vehicle crash or exercising any other rights provided by law;

d. To be free from intimidation, threats, or harassment from the other driver;

e. To be eligible to receive compensation and assistance pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971," P.L.1971, c.317 (C.52:4B-1 et seq.); and

f. To receive, upon request of information from a law enforcement agency regarding the crash, a copy of P.L. , c. (C. ) (pending before the Legislature as this bill) and information provided by the Victims of Crime Compensation Office regarding the rights set forth in P.L. , c. (C. ) (pending before the Legislature as this bill).

3. This act shall take effect immediately.

STATEMENT

This bill makes victims of motor vehicle accidents eligible for compensation from the Victims of Crime Compensation Office (VCCO) under certain circumstances and establishes the Traffic Crash Victim’s Bill of Rights.

Under current law, victims of certain crimes are eligible to receive compensation from the VCCO for certain expenses, including certain medical bills, counseling, loss of earnings, and funeral costs.

This bill expands the crimes for which compensation is available to also include a motor vehicle crash involving a fatality or the removal of a victim from the scene of the crash by an ambulance.

In addition, this bill establishes the Traffic Crash Victim’s Bill of Rights. The bill provides that traffic crash victims are entitled to the following rights:

1) To obtain, upon request, a free, timely copy of the initial police report and, upon completion, any investigation report, evidence, and materials related to the crash, including but not limited to any follow-up report and documents, photographs taken at the scene of the crash or during postmortem examination, audio and video recordings from body worn cameras as defined under current law, audio and video recordings from the motor vehicle, any other audio or video recordings of the crash, and any summonses that were issued. These provisions are not to be construed as limiting or restricting any rights pursuant to the provisions of the open public records act;

2) To be notified of court proceedings and be permitted to give an impact statement in related adjudicatory proceedings, including any hearing regarding the suspension or revocation of the driver’s license of the other driver;

3) To have the right to reasonable leave from the person’s employer to participate in any hearings conducted by the Motor Vehicle Commission that are related to the motor vehicle crash or exercising any other rights provided by law;

4) To be free from intimidation, threats, or harassment from the other driver;

5) To be eligible to receive compensation and assistance pursuant to the provisions of the "Criminal Injuries Compensation Act of 1971”; and

6) To receive, upon request of information from a law enforcement agency regarding the crash, a copy of the provisions set forth in the bill and information provided by the Victims of Crime Compensation Office regarding the rights set forth in the bill.