Bill S578-2011

Includes within the class D felony of forgery in the second degree, the forgery of a certificate of insurance or insurance identification card

Includes within the class D felony of forgery in the second degree, the forgery of a certificate of insurance or an insurance identification card; includes within the class C felony of forgery in the first degree, the forgery of 10 or more written instruments.

Details

Actions

  • Jan 31, 2012: referred to codes
  • Jan 31, 2012: DELIVERED TO ASSEMBLY
  • Jan 31, 2012: PASSED SENATE
  • Jan 30, 2012: ADVANCED TO THIRD READING
  • Jan 24, 2012: 2ND REPORT CAL.
  • Jan 23, 2012: 1ST REPORT CAL.96
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Mar 24, 2011: referred to codes
  • Mar 24, 2011: DELIVERED TO ASSEMBLY
  • Mar 24, 2011: PASSED SENATE
  • Mar 21, 2011: ADVANCED TO THIRD READING
  • Mar 16, 2011: 2ND REPORT CAL.
  • Mar 15, 2011: 1ST REPORT CAL.224
  • Jan 5, 2011: REFERRED TO CODES

Votes

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

Memo

BILL NUMBER:S578

TITLE OF BILL:

An act to amend the penal law, in relation to including the forgery of a certificate of insurance or an insurance identification card within the offense of forgery in the second degree and the forgery of 10 or more instruments with the offense of forgery in the first degree

PURPOSE:

The purpose of this bill is to include an insurance card and certificate of insurance for a motor vehicle, in the list of documents covered under forgery in the second degree, when with intent to defraud, deceive or injure another, the person falsely makes, completes or alters one of these written instruments.

SUMMARY OF PROVISIONS:

Section 1: Adds penal Law section 170.10 (6) to include an insurance card and certificate of insurance issued by an insurance company within the classification of documents that cannot be forged. While issued by an insurance company instead of a government agency, these documents are still required by law to obtain state issued certificate of registration to register and operate a motor vehicle in New York State. Violation of this section law is a class D felony.

Section 2: Amends Penal Law section 170.15 to make the creation of 10 or more forged documents such as insurance cards or certificate of insurance a class C Felony.

EXISTING LAW:

Existing law does not include the aforementioned items under the definition of forgery in the second degree under Penal law section 170.10 when persons use these items in a fraudulent manner.

JUSTIFICATION:

This bill would add an insurance card and certificate of insurance as documents added to the list of documents currently contained in the Penal law section referring to forgery. Auto insurance fraud is a very serious problem in this state. Further, the incidence of auto insurance fraud increases the cost of auto insurance for those law abiding citizens who pay their fair-share in auto insurance.

Further, it is important that all motorists abide by the law that requires that everyone possess valid insurance coverage to pay for physical and medical damages inflicted to themselves and for damages such drivers inflect on others. Forged insurance cards and certificate of insurance documents are used to fraudulently register motor vehicles and to operate such vehicle without in-force auto insurance.

Adding the forgery of an insurance card or certificate of insurance, issued by a private insurance company, to the list of already existing prohibitions to forge government documents is consistent with the law. This is because these documents are necessary to obtain state issued documents to operate a motor vehicle in New York.

LEGISLATIVE HISTORY:

2006: S.3294 - Referred to Codes 2008: S.2280 - Referred to Codes 2010: S.1897 - Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 578 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. KLEIN, BRESLIN, SAMPSON, SAVINO, SMITH -- 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 including the forgery of a certificate of insurance or an insurance identification card within the offense of forgery in the second degree and the forgery of 10 or more instruments with the offense of forgery in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 170.10 of the penal law is amended and a new subdivision 6 is added to read as follows: 5. A prescription of a duly licensed physician or other person author- ized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law[.]; OR 6. A CERTIFICATE OF INSURANCE OR AN INSURANCE IDENTIFICATION CARD, AS DEFINED IN SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW. S 2. Section 170.15 of the penal law is amended to read as follows: S 170.15 Forgery in the first degree. A person is guilty of forgery in the first degree when, with intent to defraud, deceive or injure another, he OR SHE falsely makes, completes or alters [a]: 1. TEN OR MORE WRITTEN INSTRUMENTS; OR 2. A written instrument which is or purports to be, or which is calcu- lated to become or to represent if completed: [1.] (A) Part of an issue of money, stamps, securities or other valu- able instruments issued by a government or governmental instrumentality; or
[2.] (B) Part of an issue of stock, bonds or other instruments repres- enting interests in or claims against a corporate or other organization or its property. Forgery in the first degree is a class C 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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