Enacts the Omnibus Auto Theft Victim Protection Act

Summary of specific provisions

* Establishes People Against Car Theft (PACT), a non-profit citizen watchdog group to represent auto theft victims and monitor the performance of the criminal justice system on auto theft. All consumers who report motor vehicle theft to the police will be provided with information about PACT.

* Requires that Vehicle Identification Numbers (VINs) be imprinted on all major vehicle parts (those with a retail value in excess of $250).

* Creates an Auto Theft Reward program which will provide incentives of up to $1,000 for information leading to the arrest of car thieves and rewards of up to $ 10,000 for information about "chop shops."

* Institutes a toll-free hotline, to be operated by the State Police, which will allow citizens to report information about motor vehicle theft.

* Prohibits insurance rate increases due to auto theft.

* Requires insurance rate reductions for consumers utilizing theft deterrents.

* Bans insurance policy cancellations due to auto theft.

* Directs the Division of Criminal Justice Services (DCJS) to collect and analyze statistics regarding the incidence of theft of motor vehicles and/or their parts.

* Requires the disclosure of prior criminal convictions to the victim and/or victims advocates following an indictment for auto theft.

* Closes the loophole which allows funds raised by the state surcharge on automobile insurance policies to be used for purposes other than auto theft enforcement. Currently, this surcharge is deposited into the State Police Motor Vehicle Law Enforcement Account. Although

originally established to fund anti-theft programs, these funds have been used for many unrelated purposes.

* Includes a component on motor vehicle theft prevention and investigation in all municipal police training courses.

* Expands all driver education classes to include a mandatory unit on motor vehicle theft prevention.

Justification

Other than a home, a car is the most expensive possession that the average family owns. Yet, even though tens of thousands of vehicles are stolen in New York State each year, more than 90% of these cases are closed without an arrest being made. On the rare occasion that a perpetrator is arrested, he is rarely charged with a felony.

Yet, even if a felony conviction is obtained, the defendant is routinely released with time served in the period behind bars while awaiting trial and sentencing. As a result, car theft has become a crime without punishment in New York State.

The epidemic of auto theft in New York costs consumers nearly $1 billion annually. Consumers victimized by auto theft must pay the difference between the "blue book" value of their stolen car and the replacement costs of a new vehicle. To add insult to injury, these consumers are frequently subjected to insurance rate increases and policy cancellations. In conjunction with the Comprehensive Auto Theft Prevention Act, this legislation is designed to encourage the use of auto theft deterrent devices and programs, promote public awareness and education, establish outside citizen monitoring of auto theft cases in the criminal justice system, and protect the rights and interests of the hundreds of thousands of New York State families who are victimized each year.

Legislative history

This legislation has been previously introduced.

Fiscal implications

Minimal cost to the state. The proceeds of the Motor Vehicle Law Enforcement Account which are currently used for purposes other than auto theft prevention and investigation would only be available for auto theft activities. The reward program will be funded by the asset forfeiture provisions of the Comprehensive Auto Theft Prevention Act (S.1373). Monies from the existing surcharge on insurance policies will fund additional enforcement and investigatory responsibilities for the Division of State Police.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law;

provided that any rules and regulations necessary to carry out the provisions of this act shall be promulgated before such effective date.