Bill Text: NY A06177 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts Alice's Law; relates to the crime of insurance fraud with regard to staging accidents.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-06-19 - REFERRED TO RULES [A06177 Detail]

Download: New_York-2011-A06177-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6177
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 8, 2011
                                      ___________
       Introduced by M. of A. WEPRIN -- 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  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as "Alice's Law".
    2    S  2.  The  penal  law is amended by adding three new sections 176.75,
    3  176.80 and 176.85 to read as follows:
    4  S 176.75 STAGING A MOTOR VEHICLE ACCIDENT IN THE THIRD DEGREE.
    5    A PERSON IS GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT  IN  THE  THIRD
    6  DEGREE  WHEN,  WITH  INTENT  TO COMMIT A FRAUDULENT INSURANCE ACT, HE OR
    7  SHE:
    8    (1) OPERATES A MOTOR VEHICLE AND INTENTIONALLY CAUSES OR  ATTEMPTS  TO
    9  CAUSE A COLLISION INVOLVING A MOTOR VEHICLE; OR
   10    (2)  SOLICITS, REQUESTS, COMMANDS, IMPORTUNES OR OTHERWISE ATTEMPTS TO
   11  CAUSE ANOTHER PERSON TO INTENTIONALLY  CAUSE  A  COLLISION  INVOLVING  A
   12  MOTOR VEHICLE.
   13    STAGING  A  MOTOR  VEHICLE  ACCIDENT  IN THE THIRD DEGREE IS A CLASS D
   14  FELONY.
   15  S 176.80 STAGING A MOTOR VEHICLE ACCIDENT IN THE SECOND DEGREE.
   16    A PERSON IS GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT IN  THE  SECOND
   17  DEGREE  WHEN  HE  OR  SHE COMMITS THE OFFENSE OF STAGING A MOTOR VEHICLE
   18  ACCIDENT IN THE THIRD DEGREE, AND HAS BEEN PREVIOUSLY  CONVICTED  WITHIN
   19  THE PRECEDING FIVE YEARS OF ANY CRIME DEFINED IN THIS ARTICLE.
   20    STAGING  A  MOTOR  VEHICLE  ACCIDENT IN THE SECOND DEGREE IS A CLASS C
   21  FELONY.
   22  S 176.85 STAGING A MOTOR VEHICLE ACCIDENT IN THE FIRST DEGREE.
   23    A PERSON IS GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT  IN  THE  FIRST
   24  DEGREE  WHEN  HE  OR  SHE COMMITS THE OFFENSE OF STAGING A MOTOR VEHICLE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05841-01-1
       A. 6177                             2
    1  ACCIDENT IN THE THIRD DEGREE AND CAUSES SERIOUS PERSONAL INJURY OR DEATH
    2  TO ANOTHER PERSON, OTHER THAN A PARTICIPANT IN SUCH OFFENSE.
    3    STAGING  A  MOTOR  VEHICLE  ACCIDENT  IN THE FIRST DEGREE IS A CLASS B
    4  FELONY.
    5    S 3. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.