S2377A-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• May 7, 2012: ADVANCED TO THIRD READING
• May 2, 2012: 2ND REPORT CAL.
• May 1, 2012: 1ST REPORT CAL.661
• Apr 11, 2012: PRINT NUMBER 2377B
• Apr 11, 2012: AMEND (T) AND RECOMMIT TO FINANCE
• Mar 20, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO CODES
• May 24, 2011: REPORTED AND COMMITTED TO FINANCE
• May 12, 2011: PRINT NUMBER 2377A
• May 12, 2011: AMEND (T) AND RECOMMIT TO CODES
• Jan 19, 2011: REFERRED TO CODES

S2377A-2011 Meetings

S2377A-2011 Votes

S2377A-2011 Memo

BILL NUMBER:S2377A

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to authorizing peace
officers designated to investigate insurance frauds
to execute arrest
warrants and search warrants
and repealing certain provisions of such law relating thereto

PURPOSE:
To facilitate the investigation and
prosecution of insurance
fraud in New York State by authorizing insurance fraud investigators
to execute arrest warrants and search warrants.

SUMMARY OF PROVISIONS:
This bill amends sections 2.20
of the criminal
procedure law to authorize investigators of the insurance frauds
bureau of the new department of financial services to request and
execute arrest and search warrants.

JUSTIFICATION:
Auto insurance premiums are rising, particularly
downstate, and insurance fraud is a principal cause of the increases.
Insurance fraud - auto, medical and property - costs New York
consumers over $1 billion per year in increased premiums and it
continues to grow. The state has an obligation to ensure that
criminals profiting from insurance fraud are brought to justice; and
this bill will further this goal by ensuring that insurance fraud
investigators of the DFS are able to fight insurance fraud without
being hindered because they lack the authority to independently
execute search and arrest warrants.

The mission of the frauds bureau of the DFS is to investigate
allegations of insurance fraud and assist in the prosecution of
offenders. Penalties for insurance fraud range from a class A
misdemeanor to a class B felony. In addition to enforcing penal law
provisions relating to insurance fraud, investigators regularly
identify other violations of laws perpetrated by persons under
investigation. Most insurance fraud investigators are former police
officers with significant law enforcement investigative experience.
Despite these qualifications, under current law, fraud investigators
as peace officers are unable to arrest felons for whom they have
obtained warrants, losing time and effectiveness by relying on
municipal police or sheriffs' departments to provide available
officers to execute warrants.

Under current law, insurance fraud bureau investigators are designated
as peace officers and are unable to act independently in the
execution of search and arrest warrants. Rather, investigators are
currently required to coordinate with other law enforcement agencies
to execute these functions, resulting in delays and hindering their
ability to apprehend individuals committing insurance fraud.
Insurance fraud may not be a priority of local police departments who


may already be understaffed, which may result in delays and deter the
investigation and prosecution of insurance fraud. This bill would
give fraud investigators the authority to independently execute
search and arrest warrants, thereby facilitating their apprehension
of criminals engaging in insurance fraud.

LEGISLATIVE HISTORY:
S.3054 of 2009-10; S.2453 of 2007-08.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
90 days after becoming a law.

S2377A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2377--A
 2011-2012 Regular Sessions
 I N  SENATE
 January 19, 2011
 
 Introduced  by  Sens.  SEWARD, LARKIN -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes --  commit
 tee  discharged, bill amended, ordered reprinted as amended and recom
 mitted to said committee
 

AN ACT to amend the criminal procedure law, in relation  to  authorizing
 peace  officers  designated to investigate insurance frauds to execute
 arrest warrants and search warrants and repealing  certain  provisions
 of such law relating thereto
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Subdivision 1 of section 2.20 of  the  criminal  procedure
 law is amended by adding a new paragraph (k) to read as follows:

 (K) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, EMPLOYEES OF
 THE INSURANCE FRAUDS BUREAU OF THE DEPARTMENT OF INSURANCE DESIGNATED AS
 PEACE  OFFICERS  BY THE SUPERINTENDENT OF INSURANCE SHALL HAVE THE POWER
 TO (I) APPLY FOR AND EXECUTE WARRANTS OF ARREST AS SET FORTH IN  ARTICLE
 ONE  HUNDRED  TWENTY  OF  THIS  CHAPTER,  AND (II) APPLY FOR AND EXECUTE
 SEARCH WARRANTS IN ACCORDANCE WITH ARTICLE SIX HUNDRED  NINETY  OF  THIS
 CHAPTER, WHENEVER ACTING PURSUANT TO THEIR SPECIAL DUTIES.
 

S  2.  Paragraph  (k) of subdivision 1 of section 2.20 of the criminal
 procedure law, as added by section one of this act, is  REPEALED  and  a
 new paragraph (k) is added to read as follows:

 (K) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, EMPLOYEES OF
 THE DEPARTMENT OF FINANCIAL SERVICES DESIGNATED AS PEACE OFFICERS BY THE
 SUPERINTENDENT  OF  FINANCIAL SERVICES SHALL HAVE THE POWER TO (I) APPLY
 FOR AND EXECUTE WARRANTS OF ARREST AS SET FORTH IN ARTICLE  ONE  HUNDRED
 TWENTY  OF  THIS CHAPTER, AND (II) APPLY FOR AND EXECUTE SEARCH WARRANTS
 IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THIS CHAPTER,  WHENEVER
 ACTING PURSUANT TO THEIR SPECIAL DUTIES.
 

S  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided however that section two of this  act  shall
 take effect on the same date and in the same manner as section 1 of part
 A of chapter 62 of the laws of 2011, takes effect.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05752-02-1

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