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A03985 Summary:

COSPNSRMosley, Otis, Buchwald
MLTSPNSRAbbate, 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
Add §§176.75 & 176.80, Pen L
Creates the crime of staging a motor vehicle accident.
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A03985 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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
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