What's happening
Alice's Law creates new felony crimes for intentionally staging car accidents to commit insurance fraud, with harsher penalties if injuries or death result.
Why it matters
Targets a specific type of insurance fraud. By explicitly criminalizing the act of intentionally causing car accidents to commit insurance fraud, the law seeks to close loopholes that let perpetrators avoid harsher penalties.
Creates new felony categories for staged accidents. The bill introduces two levels of criminal liability—one for staging accidents in general (class E felony), and a more severe one if serious injury or death results (class D felony), reflecting the increased harm caused.
Aims to deter dangerous and costly criminal behavior. Staged accidents not only endanger innocent drivers and passengers but also raise insurance costs for everyone. By raising the stakes for offenders, the law may help reduce this risky behavior.
Protects uninvolved victims. The harsher penalty applies when someone not involved in the scheme is seriously injured or killed, signaling a focus on protecting the public from the consequences of these frauds.
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Who cares
Auto insurers
The bill would make intentionally causing a collision to further insurance fraud a class E felony.
Drivers staging crashes for insurance fraud
They would face a class D felony if the staged collision causes serious physical injury or death to someone who is not a participant.
Motorists, passengers and pedestrians
The bill would impose the higher-level offense when a staged crash seriously injures or kills a nonparticipant.
District attorneys
The bill would create two specific felony offenses for prosecuting intentionally staged collisions tied to insurance fraud.
Headline styles
Outlaw Fake Car Crashes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Substituted by A3985
- Advanced to third reading
- 2nd report cal.
- 1st report cal.805
- 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.
Criminalize Staged Car Crashes
Signed by Governor · Sponsor David Weprin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2508
2019-2020 Regular Sessions
IN SENATE
January 25, 2019
Introduced by Sen. KAPLAN -- 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 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.
LBD07501-01-9
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 staging a motor vehicle accident
Purpose
To impose tough criminal penalties on those who engage in staged acci- dents.
Summary of provisions
This bill would establish a new crime of staging a motor vehicle acci- dent. 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 second degree which would be punishable as a class E felony.
A person would he guilty of staging in the first degree, punishable as a class D felony, if a person commits the offense of staging in the second 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 make staging an accident to commit insurance fraud a class E Felony, 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 purpose fully drive into them for the purpose of engaging in insurance fraud.
Legislative history
A. 5073 of 2018-2019; Passed Assembly.
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.