senate Bill S578

2011-2012 Legislative Session

Includes within the class D felony of forgery in the second degree, the forgery of a certificate of insurance or insurance identification card

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 31, 2012 referred to codes
delivered to assembly
passed senate
Jan 30, 2012 advanced to third reading
Jan 24, 2012 2nd report cal.
Jan 23, 2012 1st report cal.96
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Mar 24, 2011 referred to codes
delivered to assembly
passed senate
Mar 21, 2011 advanced to third reading
Mar 16, 2011 2nd report cal.
Mar 15, 2011 1st report cal.224
Jan 05, 2011 referred to codes

Votes

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Jan 23, 2012 - Codes committee Vote

S578
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 23, 2012

nay (1)
aye wr (1)

Mar 15, 2011 - Codes committee Vote

S578
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Mar 15, 2011

nay (1)
aye wr (1)

Co-Sponsors

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S578 - Bill Details

See Assembly Version of this Bill:
A5006
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง170.10 & 170.15, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1897A, A9996

S578 - Bill Texts

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Includes within the class D felony of forgery in the second degree, the forgery of a certificate of insurance or an insurance identification card; includes within the class C felony of forgery in the first degree, the forgery of 10 or more written instruments.

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BILL NUMBER:S578

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
insurance a class C Felony.

EXISTING LAW:

Existing law does not include the aforementioned items under the
definition 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 citizens 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 physical 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
2010: S.1897 - 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.

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

                                   578

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, BRESLIN, SAMPSON, SAVINO, SMITH -- 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 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

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

  Section 1. Subdivision 5 of section 170.10 of the penal law is amended
and a new subdivision 6 is added to read as follows:
  5. A prescription of a duly licensed physician or other person author-
ized to issue the same for any drug or any instrument or device used  in
the  taking  or  administering  of  drugs  for  which  a prescription is
required by law[.]; OR
  6. A CERTIFICATE OF INSURANCE OR AN INSURANCE IDENTIFICATION CARD,  AS
DEFINED IN SECTION THREE HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW.
  S 2. Section 170.15 of the penal law is amended to read as follows:
S 170.15 Forgery in the first degree.
  A person is guilty of forgery in the first degree when, with intent to
defraud,  deceive  or injure another, he OR SHE falsely makes, completes
or alters [a]:
  1. TEN OR MORE WRITTEN INSTRUMENTS; OR
  2. A written instrument which is or purports to be, or which is calcu-
lated to become or to represent if completed:
  [1.] (A) Part of an issue of money, stamps, securities or other  valu-
able instruments issued by a government or governmental instrumentality;
or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00570-01-1

S. 578                              2

  [2.] (B) Part of an issue of stock, bonds or other instruments repres-
enting  interests in or claims against a corporate or other organization
or its property.
  Forgery in the first degree is a class C felony.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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