What's happening
This bill authorizes Department of Financial Services peace officers investigating insurance fraud to apply for and execute arrest and search warrants.
Why it matters
Empowers specialized investigators. By allowing Department of Financial Services peace officers to apply for and execute arrest and search warrants, the bill gives these officers prosecutorial tools previously reserved for traditional law enforcement, potentially leading to more timely and effective insurance fraud investigations.
Addresses jurisdictional gaps. Insurance fraud cases often require specialized knowledge that general law enforcement may lack; this change ensures that officers with relevant expertise can independently pursue evidence and suspects, reducing reliance on other agencies.
Could deter and reduce insurance fraud. Granting these powers may increase the perceived risk for would-be offenders, as specialized investigators will have more direct means to detect, investigate, and disrupt fraudulent schemes.
Raises oversight and accountability considerations. Expanding law enforcement powers to a new class of peace officers may prompt questions about training, oversight, and civil liberties protections, particularly regarding the use of warrants in financial crime cases.
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Who cares
Headline styles
Let Insurance Cops Serve Warrants
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7426
IN SENATE
January 17, 2018
Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing peace officers designated to investigate insurance frauds to execute arrest warrants and search warrants
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 2.20 of the criminal procedure law is amended by adding a new paragraph (k) to read as follows:
(k) Notwithstanding any provision of law to the contrary, employees of the department of financial services designated as peace officers by the superintendent of financial services shall have the power to (i) apply for and execute warrants of arrest as set forth in article one hundred twenty of this chapter, and (ii) apply for and execute search warrants in accordance with article six hundred ninety of this chapter, whenever acting pursuant to their special duties.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14268-01-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to authorizing peace officers designated to investigate insur- ance frauds to execute arrest warrants and search warrants
Purpose
To facilitate the investigation and prosecution of insurance fraud in New York State by authorizing DFS fraud investigators to execute arrest warrants and search warrants.
Summary of provisions
This bill amends sections 2.20 of the criminal procedure law to author- ize investigators of the insurance frauds bureau of the new department of financial services to request and execute arrest and search warrants.
Justification
Auto insurance premiums are rising, particularly downstate, and insur- ance fraud is a principal cause of the increases. Insurance fraud auto, medical and property - costs New York consumers over S1 billion per year in increased premiums and it continues to grow. The state has an obli- gation to ensure that criminals profiting from insurance fraud are brought to justice; and this bill will further this goal by ensuring that insurance fraud investigators of the DFS are able to fight insur- ance fraud without being hindered because they lack the authority to independently execute search and arrest warrants.
The mission of the frauds bureau of the DFS is to investigate allega- tions of insurance fraud and assist in the prosecution of offenders. Penalties for insurance fraud range from a class A misdemeanor to a class B felony. In addition to enforcing penal law provisions relating to insurance fraud, investigators regularly identify other violations of laws perpetrated by persons under investigation Most insurance fraud investigators are former police officers with significant law enforce- ment investigative experience. Despite these qualifications, under current law, fraud investigators as peace officers are unable to arrest felons for whom they have obtained warrants, losing time and effective- ness by relying on municipal police or sheriffs' departments to provide available officers to execute warrants.
Under current law, insurance fraud bureau investigators are designated as peace officers and are unable to act independently in the execution of search and arrest warrants Rather, investigators are currently required to coordinate with other law enforcement agencies to execute these functions, resulting in delays and hindering their ability to apprehend individuals committing insurance fraud Insurance fraud may not be a priority of local police departments who may already be under- staffed, which may result in delays and deter the investigation and prosecution of insurance fraud. This bill would give fraud investigators the authority to independently execute search and arrest warrants,thereby facilitating their apprehension of criminals engaging in insurance fraud.
Legislative history
S.2377-B of 2011-12; S.3054 of 2009-10; S.2453 of 2007-08; S3549 of 2013
Fiscal implications
None to the state
Effective date
90 days after becoming a law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.