senate Bill S2377A

2011-2012 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Committee


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.661
Apr 11, 2012 print number 2377b
amend (t) and recommit to finance
Mar 20, 2012 reported and committed to finance
Jan 04, 2012 referred to codes
May 24, 2011 reported and committed to finance
May 12, 2011 print number 2377a
amend (t) and recommit to codes
Jan 19, 2011 referred to codes

Votes

view votes

May 1, 2012 - Finance committee Vote

S2377B
18
8
committee
18
Aye
8
Nay
8
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Mar 20, 2012 - Codes committee Vote

S2377A
10
4
committee
10
Aye
4
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 20, 2012

May 24, 2011 - Codes committee Vote

S2377A
11
2
committee
11
Aye
2
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 24, 2011

nay (2)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S2377 - Bill Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§120.10, 120.50 & 690.25, CP L
Versions Introduced in 2009-2010 Legislative Session:
S3054

S2377 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2377

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to authorizing peace
officers designated by the superintendent of insurance 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 would amend sections 120.10 and 120.50 of the criminal
procedure law to authorize Insurance Department fraud investigators
to execute arrest warrants. This bill would also amend section 690.25
of the criminal procedure law to authorize fraud investigators to
execute search warrants.

JUSTIFICATION:
Auto insurance premiums are increasing, particularly down state, and
insurance fraud is the main cause of these increases. Insurance fraud
costs New York consumers over $1 billion per year in increased
premiums and this number continues to grow. We need to do all we can
to ensure that the criminals profiting from insurance fraud are put
in jail where they belong and this bill will further this goal by
ensuring that Insurance Department Frauds Bureau investigators 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 Insurance Fraud Bureau is to investigate
allegations 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, Fraud Bureau investigators
regularly identify other violations of laws perpetrated by persons
under investigation. Most insurance fraud investigators are former
police officers with significant law enforcement investigative
experience. Despite these qualifications,
under current law, fraud investigators are unable to arrest a felon
who they may encounter in carrying out their duties.

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 understaffed, 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 insurance
fraud.


LEGISLATIVE HISTORY:
S.3054 of 2009-10; S.2453 of 2007-2008

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
90 days after becoming a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2377

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN -- 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  by  the  superintendent  of  insurance 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. Section 120.10 of the criminal procedure law, as amended by
chapter 424 of the laws of 1998, is amended to read as follows:
S 120.10 Warrant of arrest; definition, function, form and content.
  1.  A  warrant of arrest is a process issued by a local criminal court
directing a police officer OR A PEACE OFFICER DESIGNATED BY  THE  SUPER-
INTENDENT OF INSURANCE to arrest a defendant designated in an accusatory
instrument  filed  with such court and to bring him before such court in
connection with such instrument. The  sole  function  of  a  warrant  of
arrest is to achieve a defendant's court appearance in a criminal action
for  the  purpose of arraignment upon the accusatory instrument by which
such action was commenced.
  2. A warrant of arrest must be subscribed by  the  issuing  judge  and
must  state  or  contain  (a) the name of the issuing court, and (b) the
date of issuance of the warrant, and (c) the name or title of an offense
charged in the underlying accusatory instrument, and (d) the name of the
defendant to be arrested or, if such be unknown, any name or description
by which he can be identified with reasonable  certainty,  and  (e)  the
police  officer  or  officers OR PEACE OFFICERS DESIGNATED BY THE SUPER-
INTENDENT OF INSURANCE to whom the  warrant  is  addressed,  and  (f)  a
direction  that  such  officer arrest the defendant and bring him before
the issuing court.
  3. A warrant of arrest may be addressed to a classification of  police
officers,  or  to  two  or more classifications thereof, as well as to a
designated individual police officer or officers, AS WELL  AS  TO  PEACE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05752-01-1

S. 2377                             2

OFFICERS  DESIGNATED BY THE SUPERINTENDENT OF INSURANCE. Multiple copies
of such a warrant may be issued.
  S 2. Section 120.50 of the criminal procedure law, as amended by chap-
ter 424 of the laws of 1998, is amended to read as follows:
S 120.50 Warrant  of  arrest; to what police officers AND PEACE OFFICERS
           DESIGNATED BY THE SUPERINTENDENT OF INSURANCE addressed.
  A warrant of arrest may be addressed to any police officer or  classi-
fication  of  police  officers  whose  geographical  area  of employment
embraces either the  place  where  the  offense  charged  was  allegedly
committed or the locality of the court by which the warrant is issued OR
TO PEACE OFFICERS DESIGNATED BY THE SUPERINTENDENT OF INSURANCE.
  S 3. Section 690.25 of the criminal procedure law is amended by adding
a new subdivision 3 to read as follows:
  3.  A SEARCH WARRANT MAY BE ADDRESSED TO A PEACE OFFICER DESIGNATED BY
THE SUPERINTENDENT OF INSURANCE, AS DEFINED IN  SUBDIVISION  FORTY-SEVEN
OF SECTION 2.10 OF THIS CHAPTER, TO BE EXECUTED PURSUANT TO ITS TERMS.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.

Co-Sponsors

S2377A - Bill Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§120.10, 120.50 & 690.25, CP L
Versions Introduced in 2009-2010 Legislative Session:
S3054

S2377A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2377A

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
and repealing certain provisions of such law relating thereto

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
downstate, and insurance fraud is a principal cause of the increases.
Insurance fraud - auto, medical and property - costs New York
consumers over $1 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
allegations 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 enforcement 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 effectiveness 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 understaffed, 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 insurance fraud.

LEGISLATIVE HISTORY:
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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2377--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD, LARKIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

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 and repealing  certain  provisions
  of such law relating thereto

  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 INSURANCE FRAUDS BUREAU OF THE DEPARTMENT OF INSURANCE DESIGNATED AS
PEACE  OFFICERS  BY THE SUPERINTENDENT OF INSURANCE 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.  Paragraph  (k) of subdivision 1 of section 2.20 of the criminal
procedure law, as added by section one of this act, is  REPEALED  and  a
new paragraph (k) is added 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  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided however that section two of this  act  shall
take effect on the same date and in the same manner as section 1 of part
A of chapter 62 of the laws of 2011, takes effect.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05752-02-1

Co-Sponsors

S2377B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§120.10, 120.50 & 690.25, CP L
Versions Introduced in 2009-2010 Legislative Session:
S3054

S2377B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2377B

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

JUSTIFICATION:
Auto insurance premiums are rising, particularly
downstate, and insurance fraud is a principal cause of the increases
Insurance fraud - auto, medical and property - costs New York
consumers over $1 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
allegations 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 enforcement 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 effectiveness 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 understaffed, 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 insurance fraud.

LEGISLATIVE HISTORY:
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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2377--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  LARKIN, FARLEY, GRIFFO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee  on  Codes  in  accordance  with  Senate  Rule  6, sec. 8 --
  reported favorably from said committee and committed to the  Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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.
                                                           LBD05752-04-2

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