Senate Bill S664

2009-2010 Legislative Session

Makes the forgery of or possession of a forged certificate of insurance or insurance identification card a class E felony

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jan 12, 2009	referred to codes

co-Sponsors

View additional co-sponsors

2009-S664 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§170.17 & 170.19, Pen L

2009-S664 (ACTIVE) - Summary

Makes the forgery of or possession of a forged certificate of insurance or insurance identification card a class E felony.

2009-S664 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S664

 TITLE OF BILL :
An act to amend the penal law, in relation to forgery of a certificate
of insurance or insurance identification card and criminal possession
of a forged certificate of insurance or insurance identification card


 PURPOSE :
To reduce the incidence of insurance fraud and to ensure that all
motorists possess valid auto insurance coverage, this bill increases
the penalties for such activities.

 SUMMARY OF PROVISIONS :
Section 1: Amends the Penal Law by adding a new section 170.17 and
section 170.19.

New Penal Law section 170.17 creates a crime for forgery of a
certificate of insurance or insurance identification card. These
instruments are used to evidence the purchase of auto insurance to
protect the vehicle's passengers and those passengers potentially
injured by such vehicle. In addition, such insurance coverage ensures
that any damage to another vehicle caused by the insured vehicle can
be paid for. It is important for vehicles to have this insurance
coverage to protect themselves and others. The crime is categorized as
a class E felony.

New Penal Law section 170.19 creates a crime of possession of a forged
certificate of insurance or insurance identification card. For the
reasons stated above, possessing such a forged instrument is not in
the public interest because it means such motorists are not able to
pay for damages inflicted on themselves or the damages they have
inflicted on others.

 EXISTING LAW :
Since certificates of insurance and insurance identification cards are
issued by insurers and not by a governmental agency, the punishment
for forging such documents are minimal.

 JUSTIFICATION :
Auto insurance fraud is a serious problem in this State. It is
important that all motorists adhere to the law that requires that they
possess insurance coverage to pay for damages inflicted to themselves
and for damages such drivers have inflicted on others.

Increasing the criminal penalties for forgery or possession of a
forged proof of insurance card or certificate should help to encourage
motorists to purchase this important insurance coverage.

 LEGISLATIVE HISTORY :
S.7225-A of 2005/2006, S644 of 2007/2008

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
On November 1st next succeeding the date on which it shall have become
law.

2009-S664 (ACTIVE) - Bill Text download pdf

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

                                   664

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 12, 2009
                               ___________

Introduced  by  Sens.  LARKIN,  BONACIC,  FLANAGAN, LEIBELL, MARCELLINO,
  MORAHAN, SALAND, SEWARD, SKELOS,  VOLKER,  YOUNG  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Codes

AN ACT to amend the penal law, in relation to forgery of  a  certificate
  of  insurance or insurance identification card and criminal possession
  of a forged certificate of insurance or insurance identification card

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

  Section  1. The penal law is amended by adding two new sections 170.17
and 170.19 to read as follows:
S 170.17 FORGERY OF A CERTIFICATE OF INSURANCE OR INSURANCE  IDENTIFICA-
TION CARD.
  A  PERSON IS GUILTY OF FORGERY OF A CERTIFICATE OF INSURANCE OR INSUR-
ANCE IDENTIFICATION CARD WHEN, WITH INTENT TO DEFRAUD, DECEIVE OR INJURE
ANOTHER, HE OR SHE FALSELY MAKES, COMPLETES OR ALTERS A  CERTIFICATE  OF
INSURANCE, AS DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED ELEV-
EN  OF THE VEHICLE AND TRAFFIC LAW, OR AN INSURANCE IDENTIFICATION CARD,
AS DEFINED IN SUBDIVISION TEN OF SECTION THREE  HUNDRED  ELEVEN  OF  THE
VEHICLE AND TRAFFIC LAW.
  FORGERY OF A CERTIFICATE OF INSURANCE OR INSURANCE IDENTIFICATION CARD
IS A CLASS E FELONY.
S  170.19  CRIMINAL  POSSESSION  OF A FORGED CERTIFICATE OF INSURANCE OR
INSURANCE IDENTIFICATION CARD.
  A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FORGED  CERTIFICATE  OF
INSURANCE  OR INSURANCE IDENTIFICATION CARD WHEN, WITH KNOWLEDGE THAT IT
IS FORGED AND WITH INTENT TO DEFRAUD, DECEIVE OR INJURE ANOTHER,  HE  OR
SHE  UTTERS  OR  POSSESSES  A FORGED INSTRUMENT THAT IS A CERTIFICATE OF
INSURANCE, AS DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED ELEV-
EN OF THE VEHICLE AND TRAFFIC LAW, OR AN INSURANCE IDENTIFICATION  CARD,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05230-01-9

S. 664                              2

AS  DEFINED  IN  SUBDIVISION  TEN OF SECTION THREE HUNDRED ELEVEN OF THE
VEHICLE AND TRAFFIC LAW.
  CRIMINAL  POSSESSION OF A FORGED CERTIFICATE OF INSURANCE OR INSURANCE
IDENTIFICATION CARD IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S664

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

2009-S664 (ACTIVE) - Details

2009-S664 (ACTIVE) - Summary

2009-S664 (ACTIVE) - Sponsor Memo

2009-S664 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S664

Senate Bill S664

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

2009-S664 (ACTIVE) - Details

2009-S664 (ACTIVE) - Summary

2009-S664 (ACTIVE) - Sponsor Memo

2009-S664 (ACTIVE) - Bill Text download pdf

Comments