What's happening
This bill expands forgery laws to include insurance documents and makes forging ten or more instruments first-degree forgery.
Why it matters
Expanding the definition of forgery. By explicitly including certificates of insurance and insurance identification cards, this bill aims to address a common tool used in insurance fraud, potentially deterring individuals from forging these documents and thus reducing fraudulent insurance claims or coverage misrepresentations.
Escalating penalties for large-scale forgery. The bill makes it a first-degree forgery offense—punishable as a more serious class C felony—when someone forges ten or more written instruments, regardless of the type. This change targets organized or serial forgers, distinguishing them from those who forge only a single document.
Broader impact on fraud prevention and prosecution. By updating the law to reflect contemporary fraudulent practices, especially in the context of insurance and mass forgery, the legislation provides law enforcement and prosecutors with clearer tools to pursue and penalize these crimes, which could lead to stronger deterrence and potentially lower rates of related fraud.
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Who cares
Headline styles
Crack Down on Insurance Forgery
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
3 Co-sponsors
History
- Referred to codes
- 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
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
512
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. CARLUCCI, BRESLIN, RANZENHOFER, SAVINO -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06162-01-9
S. 512 2
[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.
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 includ- ing the forgery of a certificate of insurance or an insurance identifi- cation 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 insur- ance a class C Felony.
Existing law
Existing law does not include the aforementioned items under the defi- nition 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 citi- zens 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 phys- ical 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. 2017-18: S4298/A1217 - PASSED SENATE/codes
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.