Assembly Bill A9996

                                BILL NUMBER:A9996

TITLE  OF BILL:  An act to amend the penal law, in relation to including
the forgery of a certificate of insurance or an insurance identification
card within the offense of forgery in the second degree and the  forgery
of  10  or  more  instruments  with  the offense of forgery in the first
degree

PURPOSE:

The purpose of this bill is to include an insurance card and certificate
of insurance for a motor vehicle, in the list of documents covered under
forgery in the second degree, when with intent to  defraud,  deceive  or
injure  another,  the  person  falsely makes, completes or alters one of
these written instruments.

SUMMARY OF PROVISIONS:

Section 1: Adds penal Law section 170.10 (6)  to  include  an  insurance
card  and certificate of insurance issued by an insurance company within
the classification of documents that cannot be forged. While  issued  by
an insurance company instead of a government agency, these documents are
still required by law to obtain state issued certificate of registration
to  register and operate a motor vehicle in New York State. Violation of
this section law is a class D felony.

              

Section 2: Amends Penal Law section 170.15 to make the creation of 10 or
more forged documents such as insurance cards or certificate  of  insur-
ance a class C Felony.

EXISTING LAW:
Existing  law  does not include the aforementioned items under the defi-
nition of forgery in the second degree under Penal  law  section  170.10
when persons use these items in a fraudulent manner.

JUSTIFICATION:
This  bill  would  add an insurance card and certificate of insurance as
documents added to the list of  documents  currently  contained  in  the
Penal  law  section referring to forgery. Auto insurance fraud is a very
serious problem in this state. Further, the incidence of auto  insurance
fraud  increases  the cost of auto insurance for those law abiding citi-
zens who pay their fair-share in auto insurance.

Further, it is important that  all  motorists  abide  by  the  law  that
requires that everyone possess valid insurance coverage to pay for phys-
ical  and  medical  damages inflicted to themselves and for damages such
drivers inflect on others. Forged insurance  cards  and  certificate  of
insurance documents are used to fraudulently register motor vehicles and
to operate such vehicle without in-force auto insurance.

Adding  the  forgery  of  an insurance card or certificate of insurance,
issued by a private insurance company, to the list of  already  existing

prohibitions  to  forge government documents is consistent with the law.
This is because these documents are necessary  to  obtain  state  issued
documents to operate a motor vehicle in New York.

LEGISLATIVE HISTORY:
2006: S.3294 - Referred to Codes
2008: S.2280 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This  act shall take effect on the first of November next succeeding the
date it becomes law.