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History
- Referred to codes
- Delivered to assembly
- Passed senateVote 58–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.100
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 61–1
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.63
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1685
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 accidents.
Summary of provisions
This bill would establish a new crime of staging a motor vehicle accident. 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 third degree which would be punishable as a class D felony.
A person would be guilty of staging a motor vehicle accident in the second degree, punishable as a class C felony, if he or she commits the offense of staging a motor vehicle accident in the third degree and has been previously convicted of an insurance fraud crime within the preceding five years. A person would be guilty of staging in the first degree, punishable as a class B felony, if a person commits the offense of staging in the third 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 impose tough penalties on those who stage accidents, 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 purposefully drive into them for the purpose of engaging in insurance fraud.
Legislative history
S.6450 of 2010; S.2634 of 2007-08
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.