What's happening
This bill expands forgery laws to include fake insurance documents and increases penalties for forging ten or more instruments.
Why it matters
Targets insurance fraud more directly by explicitly including fake insurance certificates and ID cards in the definition of second-degree forgery. , closing a loophole that previously allowed some offenders to escape harsher penalties.
Raises the stakes for large-scale forgery operations by making the act of forging ten or more documents a first-degree forgery offense (a class C felony). , which could deter organized fraud rings and professional counterfeiters.
Potentially impacts individuals and businesses by increasing legal risks for those who produce or use fake insurance documents. , which could lead to harsher sentences and broader prosecutorial reach in insurance-related crimes.
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Who cares
Headline styles
Forgery Covers Fake Insurance Cards
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1879
- Committee discharged and committed to rules
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Crack Down on Insurance Forgery
In Assembly Committee · Codes · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4298
2017-2018 Regular Sessions
IN SENATE
February 8, 2017
Introduced by Sens. CARLUCCI, KLEIN, BRESLIN, GOLDEN, RANZENHOFER, SAVI- NO, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to including the forgery of a certificate of insurance or an insurance identification card within the offense of forgery in the second degree and the forgery of ten or more instruments with the offense of forgery in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 170.10 of the penal law is amended and a new subdivision 6 is added to read as follows:
5. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law[.]; or
6. A certificate of insurance or an insurance identification card, as defined in section three hundred eleven of the vehicle and traffic law.
§ 2. Section 170.15 of the penal law is amended to read as follows: § 170.15 Forgery in the first degree.
A person is guilty of forgery in the first degree when, with intent to defraud, deceive or injure another, he or she falsely makes, completes or alters [a]:
1. Ten or more written instruments; or
2. A written instrument which is or purports to be, or which is calculated to become or to represent if completed:
[1.] (a) Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality; or
[2.] (b) Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its property.
Forgery in the first degree is a class C 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.
LBD04381-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to including the forgery of a certificate of insurance or an insurance identification card within the offense of forgery in the second degree and the forgery of ten or more instruments with the offense of forgery in the first degree
Purpose
The purpose of this bill is to include an insurance card and certificate of insurance for a motor vehicle, in the list of documents covered under forgery in the second degree, when with intent to defraud, deceive or injure another, the person falsely makes, completes or alters one of these written instruments.
Summary of provisions
Section 1: Adds penal Law section 170.10 (6) to include an insurance card and certificate of insurance issued by an insurance company within the classification of documents that cannot be forged. While issued by an insurance company instead of a government agency, these documents are still required by law to obtain state issued certificate of registration to register and operate a motor vehicle in New York State. Violation of this section law is a class felony.
Section 2: Amends Penal Law section 170.15 to make the creation of 10 or more forged documents such as insurance cards or certificate of insurance a class C Felony.
Existing law
Existing law does not include the aforementioned items under the definition of forgery in the second degree under Penal law section 170.10 when persons use these items in a fraudulent manner.
Justification
This bill would add an insurance card and certificate of insurance as documents added to the list of documents currently contained in the Penal law section referring to forgery. Auto insurance fraud is a very serious problem in this state. Further, the incidence of auto insurance fraud increases the cost of auto insurance for those law abiding citizens who pay their fair-share in auto insurance.
Further, it is important that all motorists abide by the law that requires that everyone possess valid insurance coverage to pay for physical and medical damages inflicted to themselves and for damages such drivers inflect on others. Forged insurance cards and certificate of insurance documents are used to fraudulently register motor vehicles and to operate such vehicle without in-force auto insurance.
Adding the forgery of an insurance card or certificate of insurance, issued by a private insurance company, to the list of already existing prohibitions to forge government documents is consistent with the law.
This is because these documents are necessary to obtain state issued documents to operate a motor vehicle in New York.
Legislative history
2006: S.3294-Referred to Codes 2008: S.2280 Referred to Codes 2010: S.1897 -Referred to Codes 2012: S.578-Passed Senate 2014: S.2253- Passed Senate 2015/2016: S. 1524 - Passed Senate, The Prime sponsor of this bill has shifted from Senator Klein to Senator Carlucci.
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.