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S3054Senate2009-2010 Session

Authorizes peace officers designated by the superintendent of insurance to execute arrest and search warrants

Sponsor James L. SewardSD-51+3 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
James L. Seward

Senator · Senate District 51

History

  1. Referred to codes
  2. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the criminal procedure law, in relation to authorizing peace officers designated by the superintendent of insurance to execute arrest warrants and search warrants

Purpose

To facilitate the investigation and prosecution of insurance fraud in New York State by authorizing insurance fraud investigators to execute arrest warrants and search warrants.

Summary of provisions

This bill would amend sections 120.10 and 120.50 of the criminal procedure law to authorize Insurance Department fraud investigators to execute arrest warrants. This bill would also amend section 690.25 of the criminal procedure law to authorize fraud investigators to execute search warrants.

Justification

Auto insurance premiums are increasing, particularly down state, and insurance fraud is the main cause of these increases. Insurance fraud costs New York consumers over $1 billion per year in increased premiums and this number continues to grow. We need to do all we can to ensure that the criminals profiting from insurance fraud are put in jail where they belong and this bill will further this goal by ensuring that Insurance Department Frauds Bureau investigators are able to fight insurance fraud without being hindered because they lack the authority to independently execute search and arrest warrants.

The mission of the Insurance Fraud Bureau is to investigate allegations of insurance fraud and assist in the prosecution of offenders. Penalties for insurance fraud range from a class A misdemeanor to a class B felony. In addition to enforcing penal law provisions relating to insurance fraud, Fraud Bureau investigators regularly identify other violations of laws perpetrated by persons under investigation. Most insurance fraud investigators are former police officers with significant law enforcement investigative experience. Despite these qualifications, under current law, fraud investigators are unable to arrest a felon who they may encounter in carrying out their duties.

Under current law, Insurance Fraud Bureau investigators are designated as peace officers and are unable to act independently in the execution of search and arrest warrants. Rather, investigators are currently required to coordinate with other law enforcement agencies to execute these functions, resulting in delays and hindering their ability to apprehend individuals committing insurance fraud. Insurance fraud may not be a priority of local police departments who may already be understaffed, which may result in delays and deter the investigation and prosecution of insurance fraud. This bill would give fraud investigators the authority to independently execute search and arrest warrants, thereby facilitating their apprehension of criminals engaging in insurance fraud.

Legislative history

S.2453 of 2008

Fiscal implications

None to the state.

Effective date

90 days after becoming a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.