Bill Text: NY S00421 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 421 (Prior Session Legislation)

Introduced

Bill Title: Creates the crimes of staging a motor vehicle accident in the first, second and third degrees; prohibits acting as a passenger or an operator of a motor vehicle with intent to defraud by means of planning and execution of an accident; provides crime is a class B felony if an uninvolved party is injured.

Sponsorship: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2018-05-14 - referred to codes [S00421 Detail]

Download: New_York-2017-S00421-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           421
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sens.  SEWARD,  AVELLA, O'MARA -- 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 Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as "Alice's Law".
     2    § 2. The penal law is amended by adding  three  new  sections  176.75,
     3  176.80 and 176.85 to read as follows:
     4  § 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  § 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  § 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.
                                                                   LBD04819-01-7

        S. 421                              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    § 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.