S3547-2013 - NY Senate Open Legislation - 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.

Sponsor: SEWARD

Co-sponsor(s): AVELLA, GOLDEN

Committee: CODES
Law Section: Penal Law
Law: Add SS176.75, 176.80 & 176.85, Pen L

S3547-2013 Actions

May 8, 2013: referred to codes
May 8, 2013: DELIVERED TO ASSEMBLY
May 8, 2013: PASSED SENATE
Mar 21, 2013: ADVANCED TO THIRD READING
Mar 20, 2013: 2ND REPORT CAL.
Mar 19, 2013: 1ST REPORT CAL.261
Feb 5, 2013: REFERRED TO CODES

S3547-2013 Meetings

Codes: Mar 19, 2013

S3547-2013 Calendars

S3547-2013 Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 19, 2013

Ayes (16): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Perkins, Espaillat, Hoylman, Sampson, O'Brien

VOTE: FLOOR VOTE: - May 8, 2013

Ayes (57): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Latimer, LaValle, Libous, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Absent (2): Sampson, Squadron
Excused (4): Gallivan, Larkin, Little, Montgomery

S3547-2013 Memo

BILL NUMBER:S3547

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

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 preced-
ing five years A person would he guilty of staging in the first  degree,
punishable as a class B felony, if a person commits the offense of stag-
ing  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 activ-
ity is staggering with no-fault insurance fraud estimated to cost insur-
ance companies and their policyholders $1 billion per year, staged acci-
dents  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 purpose-
fully drive into them for the purpose of engaging in insurance fraud

LEGISLATIVE HISTORY: S.1685 of 2011-12; S.6450 of 2009-2010;  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.

S3547-2013 Text


                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3547

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 5, 2013
                                 ___________

  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03833-02-3

 S. 3547                             2

  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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S3547-2013: Relates to crime of staging a motor vehicle accident