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S2792Senate2019-2020 SessionSame asA4546

Require In-Person Death Notification

Official title

“Requires police officers to notify family members in person of a relative's death in certain circumstances”

Sponsor Leroy ComrieSD-14+2 co-sponsorsAffects Transportation
Status
In Senate Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill requires police to personally notify a deceased accident victim’s family if no criminal charges are involved.

Why it matters

  1. Direct, in-person notification by police can help ensure families receive sensitive information about a loved one’s death compassionately and promptly, reducing confusion or trauma from impersonal notifications.

  2. By specifying that police must provide details on the time, accident location, and where the deceased’s body is, the bill aims to give families immediate access to critical information necessary for next steps, such as identifying remains or making funeral arrangements.

  3. The requirement only applies when the deceased would not have faced criminal charges, which may help avoid situations where families are informed under distressing or legally complex circumstances (such as when the deceased was the at-fault party), focusing the law on victims rather than perpetrators.

  4. Mandating reasonable efforts for family identification and notification could lead to improved coordination between police, coroners, and other officials, potentially setting a higher standard for how authorities interact with bereaved families in tragic situations.

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Who cares

  • Police officers

    The bill would require reasonable efforts to identify and notify a family or household member in person as soon as practicable after a fatal accident, subject to conditions concerning the deceased’s conduct and prior notification.

  • Families and household members of people killed in accidents

    Qualifying notifications would include the time of death, the accident location and the location of the body or remains.

  • Coroners and officials performing similar functions

    Whether they have already notified a family member would help determine whether an officer must make an in-person notification.

Headline styles

Require In-Person Death Notification

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Leroy Comrie

Senator · Senate District 14

Chair, Corporations, Authorities And Commissions

History

  1. Referred to transportation
  2. Returned to senate
  3. Died in assembly
  4. Referred to transportation
  5. Delivered to assembly
  6. Passed senateVote 56–2
  7. Ordered to third reading cal.1000
  8. Committee discharged and committed to rules
  9. Print number 2792a
  10. Amend and recommit to finance
  11. Reported and committed to finance
  12. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A4546Assembly

Require In-Person Death Notification

In Assembly Committee · Transportation · Sponsor Vivian Cook

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2792--A

2019-2020 Regular Sessions

IN SENATE

January 29, 2019

Introduced by Sens. COMRIE, PARKER, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to requiring police officers to notify family members in person of a relative's death in certain circumstances

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as "Valeria's law".

§ 2. The vehicle and traffic law is amended by adding a new section 603-c to read as follows:

§ 603-c. Accidents; police to notify in person. Every police officer to whom an accident resulting in death to a person in which the police officer does not have reasonable cause to believe the deceased would otherwise have been charged with a violation of this chapter for the conduct which resulted in his or her death, shall use reasonable efforts to identify and notify in person a member of the deceased's family or household as soon as practicable after such accident if the police officer has knowledge of the person's death and has knowledge that a coroner, or other official performing like functions has not already notified a family member. Such personal notification shall indicate without limitation the time of the deceased's death, the location of the accident, and the location of the deceased's body or remains.

§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07433-02-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to requiring police officers to notify family members in person of a relative's death in certain circumstances

Purpose

Require police officers to notify a family member in person, when a relative has died.

Summary of provisions

Section 1. Act shall be known as Valeria's Law.

Section 2. Provides that Police Officers make reasonable efforts to identify and notify family members-in person-in those instances where a vehicle and traffic (VTL) accident has resulted in death and:

(1) The deceased did not violate the VTL; (2) A coroner or other medical professional has not already notified the family member.

Section 3. Effective Date; 180 days after enactment plus authorization for rules and regulations to be adjusted, if need be.

Justification

Receiving the news that a loved one or a family member has died is an exceptionally emotional and sensitive occurrence. The family members will never be able to adequately prepare themselves for such harrowing news, thus the mode via which it is delivered is significant, import and a matter of public policy. Thoughtfulness and sensitivity are paramount as well as empathy and in-person communication has the potential to provide a human touch and help provide family members with outlets, or resources they can go to or use to help them cope with their loss.

There is currently no uniform policy in our state relative to such notifications. In one such notification, a police officer taped a yellow sticky note to the family's front door informing them to call the morgue because their daughter had been killed. Also cited were families who frequently received death notifications over the telephone. In one such telephone delivery, a father suffered a heart attack and subsequently died following the notification from a Medical examiner's employee seek- ing dental records for his son who had died in a vehicle fire. In addi- tion, an Omaha Nebraska Police officer was fired after leaving a death notification on a family's answering machine.

As a matter of public policy we can do better. This bill provides clear and reasonable standards for notification, which is the least we as a society can expect when unforeseen tragedy is present.

Legislative history

S 1018 COMRIE Same as A 3024 Cook (MS)

Fiscal implications

None noted.

Effective date

This act shall take effect on the 180th day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.