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A03985 Summary:

A03985 Actions:

A03985 Floor Votes:

A03985 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A3985
 
SPONSOR: Weprin (MS)

 
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 acci-
dents.
 
 
SUMMARY OF PROVISIONS:
 
This bill would establish a new crime of staging a motor vehicle acci-
dent. 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 second degree which would be
punishable as a class E felony.
 
A person would he guilty of staging in the first degree, punishable as a
class D felony, if a person commits the offense of staging in the second
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 make staging an accident to commit insurance fraud a
class E Felony, 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:
 
06/05/17 passed assembly
06/05/17 delivered to senate
06/05/17 REFERRED TO RULES
01/03/18 DIED IN SENATE
01/03/18 RETURNED TO ASSEMBLY
01/03/18 ordered to third reading cal.357
03/20/18 passed assembly
 
 
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

A03985 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3985
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2019
                                       ___________
 
        Introduced by M. of A. WEPRIN, MOSLEY, OTIS, BUCHWALD -- Multi-Sponsored
          by  --  M.  of  A.  ABBATE,  ABINANTI,  ARROYO, BARCLAY, COLTON, COOK,
          CROUCH, DINOWITZ, FINCH,  GALEF,  GIGLIO,  GOODELL,  GUNTHER,  HAWLEY,
          LALOR,  LAVINE,  MALLIOTAKIS,  McDONOUGH, MONTESANO, NOLAN, PALMESANO,
          PERRY, RAIA, RIVERA, SOLAGES, TITUS -- read once and referred  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:
 
     1    Section 1. This act shall be known and may be cited as "Alice's Law".
     2    §  2.  The  penal law is amended by adding two new sections 176.75 and
     3  176.80 to read as follows:
     4  § 176.75 Staging a motor vehicle accident in the second degree.
     5    A person is guilty of staging a motor vehicle accident in  the  second
     6  degree  when,  with  intent to commit and in furtherance of a fraudulent
     7  insurance act, he or she operates  a  motor  vehicle  and  intentionally
     8  causes a collision involving a motor vehicle.
     9    Staging  a  motor  vehicle  accident in the second degree is a class E
    10  felony.
    11  § 176.80 Staging a motor vehicle accident in the first degree.
    12    A person is guilty of staging a motor vehicle accident  in  the  first
    13  degree  when  he  or  she commits the offense of staging a motor vehicle
    14  accident in the second degree and thereby causes serious physical injury
    15  or death to another person, other than a participant in such offense.
    16    Staging a motor vehicle accident in the first  degree  is  a  class  D
    17  felony.
    18    § 3. This act shall take effect on the first of November next succeed-
    19  ing the date on which it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07501-01-9