Bill S1685-2011

Relates to crime of staging a motor vehicle accident

Creates the crimes of staging a motor vehicle accident in the first, second and third degrees; prohibits acting as a passenger or an operator of a motor vehicle with intent to defraud; by means of planning and execution of an accident; provides crime is a class B felony if an uninvolved party is injured.

Details

Actions

  • Mar 22, 2012: referred to codes
  • Mar 22, 2012: DELIVERED TO ASSEMBLY
  • Mar 22, 2012: PASSED SENATE
  • Jan 30, 2012: ADVANCED TO THIRD READING
  • Jan 24, 2012: 2ND REPORT CAL.
  • Jan 23, 2012: 1ST REPORT CAL.100
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Mar 22, 2011: referred to codes
  • Mar 22, 2011: DELIVERED TO ASSEMBLY
  • Mar 22, 2011: PASSED SENATE
  • Feb 8, 2011: ADVANCED TO THIRD READING
  • Feb 7, 2011: 2ND REPORT CAL.
  • Feb 1, 2011: 1ST REPORT CAL.63
  • Jan 11, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Feb 1, 2011
Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Perkins, Squadron, Espaillat
Nays (1): Parker
Excused (1): Duane
VOTE: COMMITTEE VOTE: - Codes - Jan 23, 2012
Ayes (15): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Parker, Perkins, Squadron, Espaillat
Ayes W/R (1): Duane

Memo

BILL NUMBER:S1685

TITLE OF BILL: An act to amend the penal law, in relation to staging a motor vehicle accident

PURPOSE: To impose tough criminal penalties on those who engage in staged accidents.

SUMMARY OF PROVISIONS: This bill would establish a new crime of staging a motor vehicle accident. A person who operates a motor vehicle and intentionally causes a collision with intent to commit insurance fraud or arranges to have another person intentionally cause such a collision shall be guilty of staging a motor vehicle accident in the third degree which would be punishable as a class D felony.

A person would be guilty of staging a motor vehicle accident in the second degree, punishable as a class C felony, if he or she commits the offense of staging a motor vehicle accident in the third degree and has been previously convicted of an insurance fraud crime within the preceding five years. A person would be guilty of staging in the first degree, punishable as a class B felony, if a person commits the offense of staging in the third degree and causes serious personal injury or death to another person other than a participant in such offense.

JUSTIFICATION: On March 22, 2003, Alice Ross, a 71 year old grandmother, was killed as the result of a staged auto accident. These "accidents" are arranged and intentionally committed by criminals who then file fraudulent insurance claims for fake crash injuries and rob insurance companies and their policyholders. While the economic cost of such activity is staggering with no-fault insurance fraud estimated to cost insurance companies and their policyholders $1 billion per year, staged accidents also pose a serious public safety risk, as is demonstrated by the untimely death of Alice Ross. Women and elderly drivers are in particular danger because they are often targeted for these accidents because they are less likely to be confrontational after an accident, thereby making it easier for criminals to engage in this activity.

This bill would impose tough penalties on those who stage accidents, thereby deterring individuals from engaging in this dangerous crime. Not only would this help to contain no-fault fraud and reduce insurance premiums, but it will make us all safer. New York State drivers should not have to drive down the road wondering whether someone might purposefully drive into them for the purpose of engaging in insurance fraud.

LEGISLATIVE HISTORY: S.6450 of 2010; S.2634 of 2007-08

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1685 2011-2012 Regular Sessions IN SENATE January 11, 2011 ___________
Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to staging a motor vehicle accident 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 "Alice's Law". S 2. The penal law is amended by adding three new sections 176.75, 176.80 and 176.85 to read as follows: S 176.75 STAGING A MOTOR VEHICLE ACCIDENT IN THE THIRD DEGREE. A PERSON IS GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT IN THE THIRD DEGREE WHEN, WITH INTENT TO COMMIT A FRAUDULENT INSURANCE ACT, HE OR SHE: (1) OPERATES A MOTOR VEHICLE AND INTENTIONALLY CAUSES OR ATTEMPTS TO CAUSE A COLLISION INVOLVING A MOTOR VEHICLE; OR (2) SOLICITS, REQUESTS, COMMANDS, IMPORTUNES OR OTHERWISE ATTEMPTS TO CAUSE ANOTHER PERSON TO INTENTIONALLY CAUSE A COLLISION INVOLVING A MOTOR VEHICLE. STAGING A MOTOR VEHICLE ACCIDENT IN THE THIRD DEGREE IS A CLASS D FELONY. S 176.80 STAGING A MOTOR VEHICLE ACCIDENT IN THE SECOND DEGREE. A PERSON IS GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT IN THE SECOND DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF STAGING A MOTOR VEHICLE ACCIDENT IN THE THIRD DEGREE, AND HAS BEEN PREVIOUSLY CONVICTED WITHIN THE PRECEDING FIVE YEARS OF ANY CRIME DEFINED IN THIS ARTICLE. STAGING A MOTOR VEHICLE ACCIDENT IN THE SECOND DEGREE IS A CLASS C FELONY. S 176.85 STAGING A MOTOR VEHICLE ACCIDENT IN THE FIRST DEGREE. A PERSON IS GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF STAGING A MOTOR VEHICLE
ACCIDENT IN THE THIRD DEGREE AND CAUSES SERIOUS PERSONAL INJURY OR DEATH TO ANOTHER PERSON, OTHER THAN A PARTICIPANT IN SUCH OFFENSE. STAGING A MOTOR VEHICLE ACCIDENT IN THE FIRST DEGREE IS A CLASS B FELONY. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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