senate Bill S6364

Amended

Relates to accurate reporting of crime statistics and excludes certain crime statistics from consideration when making rates of insurance

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Bill Status


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

  • 21 / Jan / 2014
    • REFERRED TO FINANCE
  • 10 / Mar / 2014
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 29 / Apr / 2014
    • 1ST REPORT CAL.420
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • PASSED SENATE
  • 02 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2014
    • REFERRED TO INSURANCE
  • 16 / Jun / 2014
    • RECALLED FROM ASSEMBLY
  • 16 / Jun / 2014
    • RETURNED TO SENATE
  • 16 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 16 / Jun / 2014
    • AMENDED ON THIRD READING 6364A
  • 20 / Jun / 2014
    • SUBSTITUTED BY A8630A

Summary

Relates to accurate reporting of crime statistics and excludes certain crime statistics from consideration when setting rates of insurance.

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Bill Details

Versions:
S6364
S6364A
Legislative Cycle:
2013-2014
Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L; amd §2304, Ins L

Sponsor Memo

BILL NUMBER:S6364

TITLE OF BILL: An act to amend the executive law, in relation to
accurate reporting of crime statistics; and to amend the insurance
law, in relation to excluding certain crime statistics from
consideration when making rates of insurance

PURPOSE OR GENERAL IDEA OF BILL: Excludes crime data or statistics in
setting rates of insurance when such data or statistics are as a
result of crimes committed in correctional or detention facilities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the executive law by adding a new section, 837-s.
Requires the accurate reporting of crime data in order to ensure that
crimes that are committed in prisons or other correctional facilities,
for which local police precincts and departments do not respond and
are not assigned to, are not reflected in crime statistics for a given
area.

Section 2. Amends the insurance law section 2304 (c) by adding a new
paragraph 2. Prohibits an insurer or rate service organization from
including crime data or statistics from its rate setting, when such
crime data is related to crime that is committed within prisons or
correctional facilities that are located within the area being
evaluated.

Section 3. Effective Date

EXISTING LAW: None.

JUSTIFICATION: According to an article by Dennis Slattery in the New
York Daily News on Wednesday, January 15, 2014, crimes that are
committed within the Rikers Island Penal Complex are added to the
compstat statistics for the 41st Precinct in the Bronx. This
artificial inflation of the crime rates in the South Bronx, and in
other areas of New York State where prisons and correctional
facilities are located, financially impacts the localities because
insurers then set their rates higher.

Crimes that are committed within prisons and other correctional
facilities should have no impact on the crime statistics of the
surrounding area and on the local police precincts and departments.
Local police are not assigned to prisons and jails, local law
enforcement has no ability whatsoever to prevent prison-based crime or
increase their patrols in order to reduce crime. Likewise, local
residents should not be punished through higher insurance rates as a
result of crime that takes place in prisons and other correctional
facilities.

This bill would prohibit prison based crime from being included in the
crime statistics for the local precinct. It would also prohibit
insurers from increasing their car and property insurance rates due to
crimes committed in prisons.

PRIOR LEGISLATIVE HISTORY: 2014: New Bill


FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

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

                                  6364

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in relation to accurate reporting  of
  crime  statistics;  and  to  amend  the  insurance law, in relation to
  excluding certain crime  statistics  from  consideration  when  making
  rates of insurance

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

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S  837-S.  REPORTING  OF CRIME STATISTICS. THE DEPARTMENT SHALL ENSURE
THAT CRIME STATISTICS AND SIMILAR DATA ARE REPORTED IN A MANNER THAT  IS
ACCURATE  AND  NOT  MISLEADING  WHEN A POLICE DEPARTMENT INCLUDES ONE OR
MORE  CORRECTIONAL  FACILITIES,  DETENTION  FACILITIES,   TRANSPORTATION
FACILITIES  OR  OTHER  LOCATIONS  THAT  ARE WITHIN THE BOUNDARIES OF THE
POLICE DEPARTMENT BUT TO WHICH POLICE OFFICERS OF THE POLICE  DEPARTMENT
ARE NOT ASSIGNED THE DUTY TO PATROL AND RESPOND TO INCIDENTS.
  S  2.  The  opening paragraph of subsection (c) of section 2304 of the
insurance law is designated paragraph 1 and a new paragraph 2  is  added
to read as follows:
  (2)  WHEN EVALUATING CRIME STATISTICS AND SIMILAR DATA, THE INSURER OR
RATE SERVICE ORGANIZATION MAKING THE RATE SHALL CONSIDER WHETHER ONE  OR
MORE   CORRECTIONAL  FACILITIES,  DETENTION  FACILITIES,  TRANSPORTATION
FACILITIES OR OTHER LOCATIONS IS INCLUDED WITHIN THE BOUNDARIES  OF  THE
TERRITORY  BEING EVALUATED AND SHALL EXCLUDE DATA OR STATISTICS RELATING
TO CRIMES THAT OCCUR WITHIN  SUCH  FACILITIES  FROM  CONSIDERATION  WHEN
MAKING SUCH RATE.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13633-01-4

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