senate Bill S3549

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

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Sponsor

Bill Status


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

  • 05 / Feb / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 06 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 28 / May / 2014
    • 1ST REPORT CAL.939
  • 29 / May / 2014
    • 2ND REPORT CAL.
  • 02 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • 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:
S3549
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยง2.20, CP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2377B
2009-2010: S3054

Votes

12
2
12
Aye
2
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S3549

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 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 insurance frauds bureau
of the new department of financial services to request and execute
arrest and search warrants.

JUSTIFICATION: Auto insurance premiums are rising, particularly down-
state, and insurance fraud is a principal cause of the increases.
Insurance fraud - auto, medical and property - costs New York consumers
over S1 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 allega-
tions 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 enforce-
ment 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 effective-
ness 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 under-
staffed, 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 insur-
ance fraud.

LEGISLATIVE HISTORY: S.2377-B of 2011-12; 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
________________________________________________________________________

                                  3549

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

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 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.
                                                           LBD08121-01-3

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