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A06816 Summary:

BILL NOA06816
 
SAME ASSAME AS S07754-A
 
SPONSORWeprin
 
COSPNSRDickens, Shimsky, Lucas, Glick, Ardila, Stern
 
MLTSPNSRLevenberg
 
Amd 176.75, Pen L
 
Provides that anyone who directs, hires, requests, encourages, orchestrates or invites another individual to cause a collision involving a motor vehicle shall be guilty of staging a motor vehicle accident in the second degree.
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A06816 Actions:

BILL NOA06816
 
05/08/2023referred to codes
01/03/2024referred to codes
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A06816 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6816
 
SPONSOR: Weprin
  TITLE OF BILL: An act to amend the penal law, in relation to the crime of staging a motor vehicle accident in the second degree   PURPOSE: To impose criminal penalties on those who recruit, hire, or otherwise direct others to engage in staged accidents.   SUMMARY OF PROVISIONS: Section 1 amends section 176,.75 of the penal law. Section 2 provides.an effective date.   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 often arranged and intentionally committed by criminals who then file fraudu- lent insurance claims for fake crash injuries and rob insurance compa- nies 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 partic- ular 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 builds on the provisions of Chapter 151 of 2019, "Alice's Law" which established the crime of staging a motor vehicle accident, by extending its provisions to those who mastermind these staged collisions by recruiting or directing others to commits staged accidents. Current- ly, Alice's Law allows prosecution of those who directly participate in a staged motor vehicle accident. These accidents are rarely staged at the initiative of the participants but are rather orchestrated by crimi- nals who hire or direct others to engage in the staged collisions. This law would allow the direct prosecution of those who through hiring, pressuring or other means arranges for the commission of staged acci- dents. Not only would this help to contain no-fault fraud and reduce insurance premiums, but it will make us all safer.   LEGISLATIVE HISTORY: New Bill   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
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A06816 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6816
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2023
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the penal law, in relation to the crime of staging a
          motor vehicle accident in the second degree
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 176.75 of the penal law, as added by chapter 151 of
     2  the laws of 2019, is amended to read as follows:
     3  § 176.75 Staging a motor vehicle accident in the second degree.
     4    A  person  is guilty of staging a motor vehicle accident in the second
     5  degree when, with intent to commit and in furtherance  of  a  fraudulent
     6  insurance  act,  he  or  she  operates a motor vehicle and intentionally
     7  causes a  collision  involving  a  motor  vehicle,  or  directs,  hires,
     8  requests,  encourages,  orchestrates  or  invites  another individual to
     9  cause a collision involving a motor vehicle.
    10    Staging a motor vehicle accident in the second degree  is  a  class  E
    11  felony.
    12    §  2.  This  act  shall take effect on the sixtieth day after it shall
    13  have become a law.
 
 
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10753-01-3
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