senate Bill S2377B

Authorizes peace officers designated by the superintendent of insurance/financial services to execute arrest and search warrants

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 19 / Jan / 2011
    • REFERRED TO CODES
  • 12 / May / 2011
    • AMEND (T) AND RECOMMIT TO CODES
  • 12 / May / 2011
    • PRINT NUMBER 2377A
  • 24 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 20 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Apr / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 11 / Apr / 2012
    • PRINT NUMBER 2377B
  • 01 / May / 2012
    • 1ST REPORT CAL.661
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Authorizes peace officers designated by the superintendent of insurance/financial services to execute arrest warrants and search warrants.

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Bill Details

Versions:
S2377
S2377A
S2377B
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.20, CP L
Versions Introduced in 2009-2010 Legislative Cycle:
S3054

Sponsor Memo

BILL NUMBER:S2377B

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to authorizing peace
officers designated to investigate insurance frauds
to execute arrest
warrants and search warrants

PURPOSE:
To facilitate the investigation and prosecution of insurance
fraud in New York State by authorizing insurance fraud investigators
within the department of financial services to execute arrest warrants
and search warrants.

SUMMARY OF PROVISIONS:
This bill amends sections 2.20 of the criminal
procedure law to authorize investigators of the frauds bureau of the
new department of financial services to request and execute arrest
and search warrants.

JUSTIFICATION:
Auto insurance premiums are rising, particularly
downstate, and insurance fraud is a principal cause of the increases
Insurance fraud - auto, medical and property - costs New York
consumers over $1 billion per year in increased premiums and it
continues to grow. The state has an obligation to ensure that
criminals profiting from insurance fraud are brought to justice; and
this bill will further this goal by ensuring that insurance fraud
investigators of the DFS are able to fight insurance fraud without
being hindered because they lack the authority to independently
execute search and arrest warrants.

The mission of the frauds bureau of the DFS is to investigate
allegations of insurance fraud and assist in the prosecution of
offenders. Penalties for insurance fraud range from a class A
misdemeanor to a class B felony. In addition to enforcing penal law
provisions relating to insurance fraud, investigators regularly
identify other violations of laws perpetrated by persons under
investigation. Most insurance fraud investigators are former police
officers with significant law enforcement investigative experience.
Despite these qualifications, under current law, fraud investigators
as peace officers are unable to arrest felons for whom they have
obtained warrants, losing time and effectiveness by relying on
municipal police or sheriffs' departments to provide available
officers to execute warrants.

Under current law, insurance fraud bureau investigators are designated
as peace officers and are unable to act independently in the
execution of search and arrest warrants, Rather, investigators are
currently required to coordinate with other law enforcement agencies

to execute these functions, resulting in delays and hindering their
ability to apprehend individuals committing insurance fraud.
Insurance fraud may not be a priority of local police departments who
may already be understaffed, which may result in delays and deter the
investigation and prosecution of insurance fraud. This bill would
give fraud investigators the authority to independently execute
search and arrest warrants, thereby facilitating their apprehension
of criminals engaging in insurance fraud.

LEGISLATIVE HISTORY:
S.3054 of 2009-10
S.2453 of 2007-08

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
90 days after becoming a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2377--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  LARKIN, FARLEY, GRIFFO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Codes  in  accordance  with  Senate  Rule  6, sec. 8 --
  reported favorably from said committee and committed to the  Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to amend the criminal procedure law, in relation to authorizing
  peace officers designated to investigate insurance frauds  to  execute
  arrest warrants and search warrants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 1 of section 2.20 of  the  criminal  procedure
law is amended by adding a new paragraph (k) to read as follows:
  (K) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, EMPLOYEES OF
THE DEPARTMENT OF FINANCIAL SERVICES DESIGNATED AS PEACE OFFICERS BY THE
SUPERINTENDENT  OF  FINANCIAL SERVICES SHALL HAVE THE POWER TO (I) APPLY
FOR AND EXECUTE WARRANTS OF ARREST AS SET FORTH IN ARTICLE  ONE  HUNDRED
TWENTY  OF  THIS CHAPTER, AND (II) APPLY FOR AND EXECUTE SEARCH WARRANTS
IN ACCORDANCE WITH ARTICLE SIX HUNDRED NINETY OF THIS CHAPTER,  WHENEVER
ACTING PURSUANT TO THEIR SPECIAL DUTIES.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05752-04-2

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