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A5073Assembly2017-2018 Session

Criminalize Fake Car Crashes

Official title

“Creates the crime of staging a motor vehicle accident”

Sponsor David WeprinAD-24+6 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 5 of 7

In Senate · Codes

What's happening

This bill, "Alice's Law," makes intentionally staging a car accident for insurance fraud a felony, with harsher penalties if injury or death results.

Why it matters

  1. Targets Insurance Fraud Schemes. By specifically criminalizing the act of intentionally causing car accidents to commit insurance fraud, the bill addresses a loophole where such staged crashes were not clearly defined as felonies, making it easier to prosecute organized fraud rings.

  2. Escalates Penalties for Harmful Outcomes. The law creates harsher penalties if a staged accident results in serious injury or death to innocent parties, reflecting the real physical dangers and risks to the public posed by these fraudulent acts.

  3. Acts as a Deterrent. Making staging an accident a felony (class E or D, depending on harm caused) sends a strong message that law enforcement and lawmakers are taking this crime seriously, potentially reducing the frequency of these dangerous scams.

  4. Protects Public Safety and Insurance Premiums. Cracking down on staged accidents can help reduce injury risks for unsuspecting motorists and pedestrians, and may also help curb rising insurance costs driven by fraudulent claims.

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Who cares

  • Auto insurers

    The bill would make intentionally causing a motor vehicle collision to further insurance fraud a class E felony.

  • Drivers and passengers

    The offense would rise to a class D felony if the staged collision causes serious physical injury or death to someone who is not a participant.

  • Prosecutors and law enforcement

    The bill would create two specific felony offenses for staging motor vehicle accidents in furtherance of insurance fraud.

Headline styles

Criminalize Fake Car Crashes

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Weprin

Assembly Member · Assembly District 24

Chair, Insurance

History

  1. Referred to codes
  2. Delivered to senate
  3. Passed assembly
  4. Ordered to third reading cal.357
  5. Returned to assembly
  6. Died in senate
  7. Referred to rules
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.522
  11. Reported
  12. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5073

2017-2018 Regular Sessions

IN ASSEMBLY

February 6, 2017

Introduced by M. of A. WEPRIN, MOSLEY, OTIS, SKARTADOS, WALTER, GRAF, CURRAN, BUCHWALD -- Multi-Sponsored by -- M. of A. ABBATE, ABINANTI, ARROYO, BARCLAY, COLTON, COOK, CROUCH, DINOWITZ, FINCH, GALEF, GIGLIO, GOODELL, GUNTHER, HAWLEY, HIKIND, HOOPER, KEARNS, LALOR, LAVINE, LUPI- NACCI, MAGEE, MALLIOTAKIS, McDONOUGH, McKEVITT, McLAUGHLIN, MONTESANO, NOLAN, OAKS, PALMESANO, PERRY, RAIA, RIVERA, SIMANOWITZ, SOLAGES, TITONE, TITUS -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to staging a motor vehicle accident

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as "Alice's Law".

§ 2. The penal law is amended by adding two new sections 176.75 and 176.80 to read as follows: § 176.75 Staging a motor vehicle accident in the second degree.

A person is guilty of staging a motor vehicle accident in the second degree when, with intent to commit and in furtherance of a fraudulent insurance act, he or she operates a motor vehicle and intentionally causes a collision involving a motor vehicle.

Staging a motor vehicle accident in the second degree is a class E felony. § 176.80 Staging a motor vehicle accident in the first degree.

A person is guilty of staging a motor vehicle accident in the first degree when he or she commits the offense of staging a motor vehicle accident in the second degree and thereby causes serious physical injury or death to another person, other than a participant in such offense.

Staging a motor vehicle accident in the first degree is a class D felony.

§ 3. This act shall take effect on the first of November next succeeding 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.

LBD04819-02-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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