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Assembly Bill A7237A

2015-2016 Legislative Session

Relates to insurance fraud

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2015-A7237 - Details

See Senate Version of this Bill:
S4900
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §176.15, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A2288, S8363

2015-A7237 - Summary

Relates to insurance fraud in the fourth degree.

2015-A7237 - Bill Text download pdf 

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

                                  7237

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2015
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, in relation to  the  definition  of  rate
  evasion

  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 a new section 176.75  to
read as follows:
S 176.75 RATE EVASION; DEFINED.
  A  PERSON  WHO OPERATES A MOTOR VEHICLE ON THE PUBLIC HIGHWAYS OF THIS
STATE, WHICH MOTOR VEHICLE IS INSURED BY A POLICY ISSUED UNDER THE  LAWS
OF  ANOTHER  STATE, IS GUILTY OF RATE EVASION IF SUCH PERSON MAINTAINS A
PRINCIPAL RESIDENCE IN THIS STATE OR HAS THEIR MOTOR VEHICLE PRINCIPALLY
GARAGED IN THIS STATE AND THEY HAVE KNOWINGLY PREPARED OR MADE ANY WRIT-
TEN, ELECTRONIC OR ORAL STATEMENT, PRESENTED TO ANY INSURANCE COMPANY OR
PRODUCER LICENSED TO TRANSACT THE BUSINESS OF INSURANCE UNDER  THE  LAWS
OF  THAT  OTHER  STATE,  AND  THAT RESULTED IN OBTAINING A MOTOR VEHICLE
INSURANCE POLICY FOR THEIR MOTOR VEHICLE IN THAT OTHER  STATE,  AND  THE
PERSON  TO  BE INSURED: (1) MAINTAINS A PRINCIPAL RESIDENCE IN THE OTHER
STATE WHEN, IN FACT, THAT PERSON'S PRINCIPAL RESIDENCE IS IN THIS STATE;
OR (2) HAS THEIR MOTOR VEHICLE PRINCIPALLY GARAGED IN THE  OTHER  STATE,
WHEN,  IN  FACT,  THAT  PERSON  HAS HIS OR HER MOTOR VEHICLE PRINCIPALLY
GARAGED IN THIS STATE. THIS SECTION SHALL NOT  APPLY  TO  A  PERSON  WHO
INSURES  A  VEHICLE  IN ANOTHER STATE, AS PERMITTED BY AND IN ACCORDANCE
WITH THE LAWS OF THAT STATE, BASED ON A SECOND RESIDENCE, OR  ATTENDANCE
AT  AN EDUCATIONAL INSTITUTION, IN THAT OTHER STATE, IF IN OBTAINING THE
POLICY THE PERSON TRUTHFULLY  DISCLOSES  TO  THE  INSURANCE  COMPANY  OR
PRODUCER  THE  STATE  OF  THE PERSON'S PRINCIPAL RESIDENCE AND THE STATE
WHERE THE VEHICLE IS PRINCIPALLY GARAGED.
  RATE EVASION 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.

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

co-Sponsors

2015-A7237A (ACTIVE) - Details

See Senate Version of this Bill:
S4900
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §176.15, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A2288, S8363

2015-A7237A (ACTIVE) - Summary

Relates to insurance fraud in the fourth degree.

2015-A7237A (ACTIVE) - Bill Text download pdf 

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

                                 7237--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 29, 2015
                               ___________

Introduced by M. of A. MORELLE, SKOUFIS -- read once and referred to the
  Committee  on  Codes  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to insurance fraud

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

  Section  1. Section 176.15 of the penal law, as amended by chapter 515
of the laws of 1986, is amended to read as follows:
S 176.15 Insurance fraud in the fourth degree.
  A person is guilty of insurance fraud in the fourth degree when:
  1. he OR SHE commits a fraudulent insurance act and thereby wrongfully
takes, obtains or withholds, or attempts to wrongfully take,  obtain  or
withhold property with a value in excess of one thousand dollars; OR
  2.  HE OR SHE COMMITS A FRAUDULENT INSURANCE ACT AND THE MATERIAL FACT
CONTAINED OR CONCEALED IS THAT SUCH PERSON EITHER (A) MAINTAINS A  PRIN-
CIPAL  RESIDENCE IN THE OTHER STATE WHEN, IN FACT, THAT PERSON'S PRINCI-
PAL RESIDENCE IS IN THIS STATE; OR (B) HAS  HIS  OR  HER  MOTOR  VEHICLE
PRINCIPALLY  GARAGED  IN THE OTHER STATE, WHEN, IN FACT, THAT PERSON HAS
HIS OR HER MOTOR VEHICLE  PRINCIPALLY  GARAGED  IN  THIS  STATE.    THIS
SECTION  SHALL  NOT  APPLY  TO A PERSON WHO INSURES A VEHICLE IN ANOTHER
STATE, AS PERMITTED BY AND IN ACCORDANCE WITH THE LAWS  OF  THAT  STATE,
BASED  ON  A  SECOND RESIDENCE, OR ATTENDANCE AT AN EDUCATIONAL INSTITU-
TION, IN THAT OTHER STATE, WHERE SUCH PERSON ALSO DRIVES AND  GARAGES  A
VEHICLE  IN THAT STATE, IF IN OBTAINING THE POLICY THE PERSON TRUTHFULLY
DISCLOSES TO THE INSURANCE COMPANY OR PRODUCER THE STATE OF THE PERSON'S
PRINCIPAL RESIDENCE AND THE  STATE  WHERE  THE  VEHICLE  IS  PRINCIPALLY
GARAGED.
  Insurance fraud in the fourth degree 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10577-03-5

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