 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2288
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  MORELLE,  SKOUFIS,  WEPRIN  -- read once and
          referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to insurance fraud
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 176.15 of the penal law, as amended by chapter 515
     2  of the laws of 1986, is amended to read as follows:
     3  § 176.15 Insurance fraud in the fourth degree.
     4    A person is guilty of insurance fraud in the fourth degree when:
     5    1. he or she commits a fraudulent insurance act and thereby wrongfully
     6  takes, obtains or withholds, or attempts to wrongfully take,  obtain  or
     7  withhold property with a value in excess of one thousand dollars; or
     8    2.  he or she commits a fraudulent insurance act and the material fact
     9  contained or concealed is that such person either (a) maintains a  prin-
    10  cipal  residence in the other state when, in fact, that person's princi-
    11  pal residence is in this state; or (b) has  his  or  her  motor  vehicle
    12  principally  garaged  in the other state, when, in fact, that person has
    13  his or her motor vehicle  principally  garaged  in  this  state.    This
    14  section  shall  not  apply  to a person who insures a vehicle in another
    15  state, as permitted by and in accordance with the laws  of  that  state,
    16  based  on  a  second residence, or attendance at an educational institu-
    17  tion, in that other state, where such person also drives and  garages  a
    18  vehicle  in that state, if in obtaining the policy the person truthfully
    19  discloses to the insurance company or producer the state of the person's
    20  principal residence and the  state  where  the  vehicle  is  principally
    21  garaged.
    22    Insurance fraud in the fourth degree is a class E felony.
    23    § 2. This act shall take effect on the first of November next succeed-
    24  ing the date on which it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00929-01-7
Relates to insurance fraud

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