Relates to accurate reporting of crime statistics and excludes certain crime statistics from consideration when setting rates of insurance.
Ayes (25): Bonacic, Farley, Golden, Larkin, Little, Marcellino, Ranzenhofer, Savino, Young, Valesky, Krueger, Diaz, Dilan, Rivera, Gianaris, Breslin, Montgomery, Parker, Peralta, Perkins, Stavisky, Squadron, Kennedy, Espaillat, Hassell-Thompson
Ayes W/R (6): Griffo, Grisanti, Hannon, Nozzolio, Robach, Martins
Nays (6): DeFrancisco, Flanagan, Lanza, LaValle, O'Mara, Seward
Ayes (55): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (4): DeFrancisco, Griffo, O'Mara, Seward
Excused (2): Espaillat, Smith
TITLE OF BILL: An act to amend the executive law, in relation to accurate reporting of crime statistics; and to amend the insurance law, in relation to excluding certain crime statistics from consideration when making rates of insurance
PURPOSE OR GENERAL IDEA OF BILL: Excludes crime data or statistics in setting rates of insurance when such data or statistics are as a result of crimes committed in correctional or detention facilities.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the executive law by adding a new section, 837-s. Requires the accurate reporting of crime data in order to ensure that crimes that are committed in prisons or other correctional facilities, for which local police precincts and departments do not respond and are not assigned to, are not reflected in crime statistics for a given area.
Section 2. Amends the insurance law section 2304 (c) by adding a new paragraph 2. Prohibits an insurer or rate service organization from including crime data or statistics from its rate setting, when such crime data is related to crime that is committed within prisons or correctional facilities that are located within the area being evaluated.
Section 3. Effective Date
EXISTING LAW: None.
JUSTIFICATION: According to an article by Dennis Slattery in the New York Daily News on Wednesday, January 15, 2014, crimes that are committed within the Rikers Island Penal Complex are added to the compstat statistics for the 41st Precinct in the Bronx. This artificial inflation of the crime rates in the South Bronx, and in other areas of New York State where prisons and correctional facilities are located, financially impacts the localities because insurers then set their rates higher.
Crimes that are committed within prisons and other correctional facilities should have no impact on the crime statistics of the surrounding area and on the local police precincts and departments. Local police are not assigned to prisons and jails, local law enforcement has no ability whatsoever to prevent prison-based crime or increase their patrols in order to reduce crime. Likewise, local residents should not be punished through higher insurance rates as a result of crime that takes place in prisons and other correctional facilities.
This bill would prohibit prison based crime from being included in the crime statistics for the local precinct. It would also prohibit insurers from increasing their car and property insurance rates due to crimes committed in prisons.
PRIOR LEGISLATIVE HISTORY: 2014: New Bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately
STATE OF NEW YORK ________________________________________________________________________ 6364 IN SENATE January 21, 2014 ___________Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to accurate reporting of crime statistics; and to amend the insurance law, in relation to excluding certain crime statistics from consideration when making rates of insurance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 837-s to read as follows: S 837-S. REPORTING OF CRIME STATISTICS. THE DEPARTMENT SHALL ENSURE THAT CRIME STATISTICS AND SIMILAR DATA ARE REPORTED IN A MANNER THAT IS ACCURATE AND NOT MISLEADING WHEN A POLICE DEPARTMENT INCLUDES ONE OR MORE CORRECTIONAL FACILITIES, DETENTION FACILITIES, TRANSPORTATION FACILITIES OR OTHER LOCATIONS THAT ARE WITHIN THE BOUNDARIES OF THE POLICE DEPARTMENT BUT TO WHICH POLICE OFFICERS OF THE POLICE DEPARTMENT ARE NOT ASSIGNED THE DUTY TO PATROL AND RESPOND TO INCIDENTS. S 2. The opening paragraph of subsection (c) of section 2304 of the insurance law is designated paragraph 1 and a new paragraph 2 is added to read as follows: (2) WHEN EVALUATING CRIME STATISTICS AND SIMILAR DATA, THE INSURER OR RATE SERVICE ORGANIZATION MAKING THE RATE SHALL CONSIDER WHETHER ONE OR MORE CORRECTIONAL FACILITIES, DETENTION FACILITIES, TRANSPORTATION FACILITIES OR OTHER LOCATIONS IS INCLUDED WITHIN THE BOUNDARIES OF THE TERRITORY BEING EVALUATED AND SHALL EXCLUDE DATA OR STATISTICS RELATING TO CRIMES THAT OCCUR WITHIN SUCH FACILITIES FROM CONSIDERATION WHEN MAKING SUCH RATE. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13633-01-4