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.
STATE OF NEW YORK
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1685
2011-2012 Regular Sessions
IN SENATE
January 11, 2011
___________
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:
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 three new sections 176.75,
3 176.80 and 176.85 to read as follows:
4 § 176.75 Staging a motor vehicle accident in the third degree.
5 A person is guilty of staging a motor vehicle accident in the third
6 degree when, with intent to commit a fraudulent insurance act, he or
7 she:
8 (1) operates a motor vehicle and intentionally causes or attempts to
9 cause a collision involving a motor vehicle; or
10 (2) solicits, requests, commands, importunes or otherwise attempts to
11 cause another person to intentionally cause a collision involving a
12 motor vehicle.
13 Staging a motor vehicle accident in the third degree is a class D
14 felony.
15 § 176.80 Staging a motor vehicle accident in the second degree.
16 A person is guilty of staging a motor vehicle accident in the second
17 degree when he or she commits the offense of staging a motor vehicle
18 accident in the third degree, and has been previously convicted within
19 the preceding five years of any crime defined in this article.
20 Staging a motor vehicle accident in the second degree is a class C
21 felony.
22 § 176.85 Staging a motor vehicle accident in the first degree.
23 A person is guilty of staging a motor vehicle accident in the first
24 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.
LBD05841-01-1
S. 1685 2
1 accident in the third degree and causes serious personal injury or death
2 to another person, other than a participant in such offense.
3 Staging a motor vehicle accident in the first degree is a class B
4 felony.
5 § 3. This act shall take effect on the first of November next succeed-
6 ing the date on which it shall have become a law.
