Bill Text: NY S01685 | 2011-2012 | General Assembly | Introduced

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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.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Engrossed - Dead) 2012-03-22 - referred to codes [S01685 Detail]

Download: New_York-2011-S01685-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1685
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 11, 2011
                                      ___________
       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 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
       S. 1685                             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.