senate Bill S2253

2013-2014 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
Mar 20, 2014 referred to codes
delivered to assembly
passed senate
Mar 04, 2014 advanced to third reading
Mar 03, 2014 2nd report cal.
Feb 27, 2014 1st report cal.211
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Mar 25, 2013 referred to codes
delivered to assembly
passed senate
Mar 14, 2013 advanced to third reading
Mar 13, 2013 2nd report cal.
Mar 12, 2013 1st report cal.195
Jan 15, 2013 referred to codes

Votes

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Feb 27, 2014 - Codes committee Vote

S2253
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Mar 12, 2013 - Codes committee Vote

S2253
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

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S2253 - Bill Details

See Assembly Version of this Bill:
A1200
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง170.10 & 170.15, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S578, A5006
2009-2010: S1897A, A9996

S2253 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S2253

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 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 2012: S. 578 -
Passed Senate

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
________________________________________________________________________

                                  2253

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced by Sens. KLEIN, BRESLIN, CARLUCCI, GOLDEN, RANZENHOFER, SAMP-
  SON,  SAVINO,  SMITH,  VALESKY  -- 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
  [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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00383-01-3

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