S T A T E O F N E W Y O R K
________________________________________________________________________
4564
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
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Introduced by M. of A. MAYERSOHN, RAMOS -- Multi-Sponsored by -- M. of
A. ALFANO, BARRA, HOOPER -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law, the insurance law, the state finance
law and the vehicle and traffic law, in relation to enacting the Omni-
bus Auto Theft Victim Protection Act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as,
the "Omnibus Auto Theft Victim Protection Act."
S 2. Legislative findings. The legislature finds that a motor vehicle
theft crisis exists in New York state. Every consumer in New York pays
the staggering cost of this crisis through higher prices and insurance
premiums.
The legislature further finds that outside review of the handling of
motor vehicle theft cases by the courts, citizens, crime victims, and
consumers is necessary to ensure that the police, prosecutors, and the
court system treat cases of motor vehicle theft as serious felonies. The
legislature declares that a compelling public interest exists to protect
the victims of car theft from the imposition of insurance surcharges and
policy cancellations. It is the policy of this state to promote citizen
involvement in deterring motor vehicle theft and apprehending those
responsible by establishing a toll-free hotline to provide police with
information needed to combat auto theft.
Public education, the use of theft prevention measures, and new
consumer protections are all needed as part of a comprehensive plan to
reduce automobile theft.
S 3. The executive law is amended by adding a new section 231 to read
as follows:
S 231. AUTO THEFT REWARD PROGRAM; ESTABLISHMENT. 1. THE SUPERINTENDENT
SHALL ESTABLISH A STATEWIDE AUTO THEFT REWARD PROGRAM TO PAY REWARDS FOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04508-01-9
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INFORMATION LEADING TO THE ARREST AND CONVICTION OF PERSONS GUILTY OF
LARCENY AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THE PENAL LAW OF
A "VEHICLE" AS DEFINED IN SECTION 10.00 OF THE PENAL LAW.
2. THE SUPERINTENDENT SHALL CAUSE TO BE ESTABLISHED A TOLL-FREE STATE-
WIDE TELEPHONE NUMBER FOR USE IN COLLECTING INFORMATION TO ASSIST IN THE
INVESTIGATION AND PROSECUTION OF MOTOR VEHICLE THEFT CRIMES.
3. THE SUPERINTENDENT IS AUTHORIZED TO PROVIDE REWARDS OF UP TO ONE
THOUSAND DOLLARS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF
INDIVIDUALS GUILTY OF LARCENY AS DEFINED IN ARTICLE ONE HUNDRED
FIFTY-FIVE OF THE PENAL LAW OF A "VEHICLE" AS DEFINED IN SECTION 10.00
OF THE PENAL LAW.
4. THE SUPERINTENDENT IS AUTHORIZED TO PROVIDE REWARDS OF UP TO FIVE
THOUSAND DOLLARS FOR INFORMATION LEADING TO THE ARREST AND CONVICTION OF
INDIVIDUALS GUILTY OF A SPECIFIED OFFENSE IN THE PENAL LAW.
S 4. The executive law is amended by adding a new section 232 to read
as follows:
S 232. CITIZEN ANTI-MOTOR VEHICLE THEFT ORGANIZATION. 1. INFORMATION
REGARDING A SINGLE, STATEWIDE NON-PROFIT CITIZEN ANTI-MOTOR VEHICLE
THEFT ORGANIZATION, TO BE CALLED PEOPLE AGAINST CAR THEFT (PACT), THAT
IS CERTIFIED BY THE CHAIRPERSON OF THE CRIME VICTIMS BOARD PURSUANT TO
PROCEDURES ESTABLISHED BY THE CHAIRPERSON AS A SINGLE STATEWIDE ENTITY
REPRESENTING THE INTERESTS OF MOTOR VEHICLE CONSUMERS AND MOTOR VEHICLE
THEFT VICTIMS, SHALL BE DISTRIBUTED BY EVERY LOCAL POLICE AGENCY UNDER
THE CONDITIONS CONTAINED IN THIS SECTION.
2. CERTIFICATION OF THE ORGANIZATION WITH AN INTERIM BOARD OF DIREC-
TORS BY THE CHAIRPERSON OF THE CRIME VICTIMS BOARD, WITH DIRECTION AS TO
THE REPLACEMENT OF THE INTERIM BOARD WITH A PERMANENT BOARD ELECTED BY
THE MEMBERS, SHALL COMPLY WITH THE CERTIFICATION REQUIREMENT.
3. WHENEVER ANY POLICE OFFICER OR STATE TROOPER SHALL RECEIVE ANY
REPORT OF A STOLEN OR VANDALIZED MOTOR VEHICLE, THE POLICE OFFICER OR
STATE TROOPER SHALL PROVIDE TO THE OWNER OF SAID VEHICLE INFORMATION
PREPARED AND PROVIDED BY THE CITIZEN ANTI-MOTOR VEHICLE THEFT ORGANIZA-
TION ESTABLISHED PURSUANT TO THIS SECTION. THE INFORMATION SHALL PROVIDE
THE FOLLOWING:
(A) THE PURPOSE, HISTORY, NATURE, ACTIVITIES, AND ACHIEVEMENTS OF THE
ORGANIZATION;
(B) THAT MEMBERSHIP IN THE ORGANIZATION IS OPEN TO ALL MOTORISTS,
MOTOR VEHICLE OWNERS, AND INSURANCE CONSUMERS;
(C) THAT THE ORGANIZATION IS A NOT-FOR-PROFIT CORPORATION DIRECTED BY
ITS CONSUMER MEMBERS;
(D) THE PROCEDURE FOR CONTRIBUTING TO OR BECOMING A MEMBER OF THE
ORGANIZATION; AND
(E) THE YEARLY MEMBERSHIP FEE.
4. UPON FURNISHING THE PROPOSED INFORMATION TO A LOCAL POLICE AGENCY
OR TO THE DIVISION OF STATE POLICE FOR DISTRIBUTION, THE ORGANIZATION
SHALL CERTIFY THAT THE INFORMATION IS NOT FALSE OR MISLEADING AND IS
LIMITED TO THE INFORMATION PERMITTED IN SUBDIVISION THREE OF THIS
SECTION. A LOCAL POLICE AGENCY OR THE DIVISION OF STATE POLICE MAY RELY
ON THE ORGANIZATION'S CERTIFICATION AND IS NOT REQUIRED TO INVESTIGATE
THE BASIS FOR THE CERTIFICATION. HOWEVER, IN THE EVENT THAT A LOCAL
POLICE AGENCY REVIEWS THE CERTIFICATION AND THE PROPOSED INFORMATION AND
DETERMINES THAT THE PROPOSED INFORMATION DOES NOT MEET THE REQUIREMENTS
OF THIS SUBDIVISION, THE AGENCY SHALL RETURN THE INFORMATION TO THE
ORGANIZATION FOR REVISION. IF THE AGENCY AND THE ORGANIZATION ARE UNABLE
TO AGREE ON A REVISION, THE AGENCY OR THE ORGANIZATION MAY SUBMIT THE
INFORMATION TO THE CHAIRPERSON OF THE CRIME VICTIMS BOARD. IF THE CHAIR-
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PERSON DETERMINES THAT THE PROPOSED INFORMATION IS SUITABLE FOR DISTRIB-
UTION PURSUANT TO THIS SUBDIVISION, THE AGENCY SHALL DISTRIBUTE THE
INFORMATION. THE CHAIRPERSON SHALL MAKE A DETERMINATION PROMPTLY, BUT
IN NO EVENT LATER THAN THIRTY DAYS AFTER HIS RECEIPT OF THE ENCLOSURE.
5. THE CITIZEN ANTI-MOTOR VEHICLE THEFT ORGANIZATION CERTIFIED BY THE
CHAIRPERSON PURSUANT TO THIS SECTION SHALL MONITOR AND EVALUATE THE
PERFORMANCE OF COURTS, PROSECUTORS, AND LAW ENFORCEMENT OFFICERS ON
MATTERS RELATING TO AUTO THEFT. THE ORGANIZATION SHALL MAKE RECOMMENDA-
TIONS ON ASSISTING THE VICTIMS OF AUTO THEFT, AND ON REDUCING THE INCI-
DENCE OF AUTO THEFT, TO THE LEGISLATURE; TO LOCAL POLICE AGENCIES; TO
STATE AGENCIES, INCLUDING, BUT NOT LIMITED TO, THE DIVISION OF STATE
POLICE, THE SUPERINTENDENT OF INSURANCE, THE OFFICE OF COURT ADMINIS-
TRATION, THE DEPARTMENT OF CORRECTIONAL SERVICES, THE DIVISION OF
PAROLE, THE DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES, THE
CRIME VICTIMS BOARD, THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND THE
DEPARTMENT OF MOTOR VEHICLES; AND TO SUCH OTHER FEDERAL, STATE, OR LOCAL
AGENCIES AS MAY BE NECESSARY TO FULFILL THE PURPOSES OF THE ORGANIZA-
TION.
S 5. Section 837-a of the executive law is amended by adding a new
subdivision 1-a to read as follows:
1-A. COLLECT AND ANALYZE STATISTICAL AND OTHER INFORMATION AND DATA
WITH RESPECT TO VIOLATIONS OF ARTICLE ONE HUNDRED FIFTY-FIVE OR ARTICLE
ONE HUNDRED SIXTY-FIVE OF THE PENAL LAW IN WHICH THE STOLEN PROPERTY IS
A MOTOR VEHICLE OR ANY PART THEREOF. SUCH INFORMATION SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE MANUFACTURER, MODEL, AND MODEL YEAR OF THE VEHI-
CLE; THE SPECIFIC PART; THE ANTI-THEFT DEVICE, IF ANY, IN USE ON THE
VEHICLE; AND THE INCIDENCE OF ARRESTS, INDICTMENTS, FILING OF SUPERIOR
COURT INFORMATIONS, AND THE DISPOSITIONS THEREOF, INCLUDING, BUT NOT
LIMITED TO, AS THE CASE MAY BE, DISMISSAL, ACQUITTAL, THE OFFENSE TO
WHICH THE DEFENDANT PLEADED GUILTY, THE OFFENSE THE DEFENDANT WAS
CONVICTED OF AFTER TRIAL, AND THE SENTENCE.
S 6. Section 837-a of the executive law is amended by adding a new
subdivision 9 to read as follows:
9. PROVIDE, FOLLOWING THE FILING OF AN ACCUSATORY INSTRUMENT CHARGING
AN INDIVIDUAL WITH LARCENY AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE
OF THE PENAL LAW OF A "VEHICLE" AS DEFINED IN SECTION 10.00 OF THE PENAL
LAW, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO THE
VICTIM OR VICTIMS OF SUCH MOTOR VEHICLE THEFT, OR WITH THE CONSENT OF
SUCH VICTIM TO THE CITIZEN ANTI-MOTOR VEHICLE THEFT ORGANIZATION ESTAB-
LISHED IN SECTION TWO HUNDRED THIRTY-TWO OF THIS CHAPTER, THE CRIMINAL
RECORD OF THE INDIVIDUAL CHARGED IN SUCH ACCUSATORY INSTRUMENT.
S 7. Section 841 of the executive law is amended by adding a new
subdivision 1-a to read as follows:
1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
POLICE TRAINING COURSE APPROVED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION MUST INCLUDE A MANDATORY COMPONENT ON MOTOR VEHICLE THEFT
PREVENTION AND INVESTIGATION.
S 8. Section 2336 of the insurance law is amended by adding a new
subsection (i) to read as follows:
(I) ANY SCHEDULE OR RATING PLAN FOR NON-COMMERCIAL PRIVATE PASSENGER
MOTOR VEHICLE INSURANCE SHALL PROVIDE FOR AN APPROPRIATE REDUCTION IN
PREMIUM CHARGES FOR COMPREHENSIVE COVERAGE WITH RESPECT TO ANY INSURED
VEHICLE EQUIPPED WITH ANY MOTOR VEHICLE THEFT DETERRENT SYSTEM WHICH THE
SUPERINTENDENT DETERMINES, AFTER A PUBLIC HEARING, MAY BE EXPECTED TO
REDUCE LOSSES FOR SUCH COVERAGE.
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(1) FOR THE PURPOSES OF THIS SECTION, A MOTOR VEHICLE THEFT DETERRENT
SYSTEM SHALL INCLUDE ONE OR MORE OF THE FOLLOWING:
(I) PARTICIPATION IN THE MOTOR VEHICLE THEFT PREVENTION PROGRAM ESTAB-
LISHED PURSUANT TO SECTION TWO HUNDRED TWENTY-THREE OF THE VEHICLE AND
TRAFFIC LAW;
(II) THE PERMANENT ETCHING OF THE VEHICLE IDENTIFICATION NUMBER OR ANY
OTHER UNIQUE IDENTIFYING SYMBOL ONTO ALL PARTS WITH A RETAIL VALUE OF
TWO HUNDRED FIFTY DOLLARS OR MORE;
(2) ANY REDUCTION PROVIDED PURSUANT TO THIS SECTION SHALL BE IN ADDI-
TION TO ANY REDUCTION PROVIDED PURSUANT TO SECTION TWO THOUSAND THREE
HUNDRED THIRTY-SEVEN OF THIS ARTICLE.
S 9. Section 3425 of the insurance law is amended by adding a new
subsection (s) to read as follows:
(S) NO INSURER PROVIDING MOTOR VEHICLE LIABILITY INSURANCE COVERAGE
SHALL CANCEL, REFUSE TO RENEW, OR ISSUE OR CONDITION SUCH RENEWAL IN
CONNECTION WITH THE INSURANCE PERMITTED OR REQUIRED BY THIS CHAPTER
SOLELY BECAUSE ANY VEHICLE OWNED BY THE INSURED AND COVERED BY THE POLI-
CY IS STOLEN OR VANDALIZED, UNLESS SUCH THEFT OR VANDALISM IS DIRECTLY
ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF THE INSURED.
S 10. The insurance law is amended by adding a new section 5305 to
read as follows:
S 5305. INTERRUPTION IN COVERAGE DUE TO AUTO THEFT. NO INSURER SHALL
PLACE ANY APPLICANT FOR INSURANCE IN THE ASSIGNED RISK CATEGORY SOLELY
BECAUSE THE APPLICANT FAILED TO HAVE CONTINUOUS INSURANCE COVERAGE IF
THE APPLICANT'S LAST POLICY WAS CANCELLED FOLLOWING THE THEFT OF THE
APPLICANT'S VEHICLE.
S 11. Subdivision 3 of section 97-mm of the state finance law, as
amended by section 2 of part A of chapter 56 of the laws of 2004, is
amended to read as follows:
3. Nine million one hundred thousand dollars annually of the state
police motor vehicle law enforcement account, following appropriation by
the legislature and allocation by the director of the budget, shall be
made available for the state operation expenses of the division of state
police [including but not limited to] FOR the costs of activities relat-
ing to the detection, prosecution or reduction of automobile theft and
related purposes. Fifty-one million three hundred thousand dollars of
the state police motor vehicle law enforcement account, following appro-
priation by the legislature and allocation by the director of the budg-
et, shall be made available for the state operation expenses of the
division of state police including but not limited to the costs of
activities relating to highway safety and public security.
S 12. Subdivision 3 of section 97-mm of the state finance law, as
added by section 387 of chapter 55 of the laws of 1992, is amended to
read as follows:
3. Moneys of the state police motor vehicle enforcement account,
following appropriation by the legislature and allocation by the direc-
tor of the budget, shall be made available for the state operation
expenses of the division of state police [including but not limited to]
FOR the costs of activities relating to the detection, prosecution or
reduction of automobile theft and related purposes.
S 13. Subdivision 1 of section 431 of the vehicle and traffic law, as
amended by chapter 692 of the laws of 1979, is amended to read as
follows:
1. Every manufacturer or assembler of a vehicle sold in this state
shall provide such vehicle AND ALL MAJOR COMPONENT PARTS with a vehicle
identification number OR PART IDENTIFICATION NUMBER and, upon request of
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the commissioner, shall inform him concerning the location or locations
of every vehicle identification number AND PART IDENTIFICATION NUMBER
and other identifying numbers on such vehicle. The commissioner may
refuse to register or issue a certificate of title for a vehicle made by
a manufacturer or assembler who fails to comply with this section. FOR
THE PURPOSES OF THIS SECTION, A MAJOR COMPONENT PART IS ANY VEHICLE PART
THAT HAS A RETAIL VALUE IN EXCESS OF TWO HUNDRED FIFTY DOLLARS.
S 14. Subdivision 4 of section 502 of the vehicle and traffic law is
amended by adding a new paragraph (h) to read as follows:
(H) MOTOR VEHICLE THEFT PREVENTION EDUCATION. THE COMMISSIONER SHALL
PROVIDE IN THE PRE-LICENSING COURSE, SET FORTH IN PARAGRAPH (B) OF THIS
SUBDIVISION, A MANDATORY COMPONENT IN MOTOR VEHICLE THEFT PREVENTION
EDUCATION AS A PREREQUISITE FOR OBTAINING A LICENSE TO OPERATE A MOTOR
VEHICLE. THE PURPOSE OF THIS COMPONENT IS TO EDUCATE PROSPECTIVE LICEN-
SEES ON TECHNIQUES, STRATEGIES, PROGRAMS, AND DEVICES THAT MAY BE USED
TO ASSIST IN THE PREVENTION AND REDUCTION OF MOTOR VEHICLE THEFT. THE
COMMISSIONER SHALL ESTABLISH A CURRICULUM FOR MOTOR VEHICLE THEFT
PREVENTION EDUCATION WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
INSTRUCTION DESCRIBING THE PREVALENCE OF MOTOR VEHICLE THEFT IN THE
STATE; THE CIVIL AND CRIMINAL PENALTIES FOR MOTOR VEHICLE THEFT; THE
PROTECTIONS UNDER THE LAW FOR CONSUMERS WHO HAVE BEEN VICTIMIZED BY
AUTOMOBILE THEFT; AND THE EFFECTIVENESS OF DIFFERENT PROGRAMS AND
DEVICES DESIGNED TO REDUCE OR PREVENT MOTOR VEHICLE THEFT. AS PART OF
THIS CURRICULUM, INFORMATION SHALL BE DISSEMINATED ON BEHALF OF THE
CITIZEN ANTI-MOTOR VEHICLE THEFT ORGANIZATION ESTABLISHED IN SECTION TWO
HUNDRED THIRTY-TWO OF THE EXECUTIVE LAW, IN ACCORDANCE WITH THE
PROVISIONS OF SUCH SECTION. FOR THE PURPOSES OF SECTION TWO HUNDRED
THIRTY-TWO OF THE EXECUTIVE LAW, THE DEPARTMENT OF MOTOR VEHICLES SHALL
ACT AS A POLICE AGENCY.
S 15. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law; provided,
however, that any rules and regulations necessary to carry out the
provisions of this act shall be promulgated before such effective date;
and provided further, however, that the amendments to subdivision 3 of
section 97-mm of the state finance law made by section eleven of this
act shall not affect the expiration and reversion of such subdivision as
provided in section 3 of part A of chapter 56 of the laws of 2004, as
amended, when upon such date the provisions of section twelve of this
act shall take effect.