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S664Senate2009-2010 Session

Makes the forgery of or possession of a forged certificate of insurance or insurance identification card a class E felony

Sponsor William J. Larkin Jr.SD-39+10 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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History

  1. Referred to codes
  2. Referred to codes

Full text

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Sponsor's memo

Title of bill

An act to amend the penal law, in relation to forgery of a certificate of insurance or insurance identification card and criminal possession of a forged certificate of insurance or insurance identification card

Purpose

To reduce the incidence of insurance fraud and to ensure that all motorists possess valid auto insurance coverage, this bill increases the penalties for such activities.

Summary of provisions

Section 1: Amends the Penal Law by adding a new section 170.17 and section 170.19.

New Penal Law section 170.17 creates a crime for forgery of a certificate of insurance or insurance identification card. These instruments are used to evidence the purchase of auto insurance to protect the vehicle's passengers and those passengers potentially injured by such vehicle. In addition, such insurance coverage ensures that any damage to another vehicle caused by the insured vehicle can be paid for. It is important for vehicles to have this insurance coverage to protect themselves and others. The crime is categorized as a class E felony.

New Penal Law section 170.19 creates a crime of possession of a forged certificate of insurance or insurance identification card. For the reasons stated above, possessing such a forged instrument is not in the public interest because it means such motorists are not able to pay for damages inflicted on themselves or the damages they have inflicted on others.

Existing law

Since certificates of insurance and insurance identification cards are issued by insurers and not by a governmental agency, the punishment for forging such documents are minimal.

Justification

Auto insurance fraud is a serious problem in this State. It is important that all motorists adhere to the law that requires that they possess insurance coverage to pay for damages inflicted to themselves and for damages such drivers have inflicted on others.

Increasing the criminal penalties for forgery or possession of a forged proof of insurance card or certificate should help to encourage motorists to purchase this important insurance coverage.

Legislative history

S.7225-A of 2005/2006, S644 of 2007/2008

Fiscal implications

None.

Local fiscal implications

None.

Effective date

On November 1st next succeeding the date on which it shall have become law.

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