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Assembly Bill A2288

2017-2018 Legislative Session

Relates to insurance fraud

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Archive: Last Bill Status - In Assembly Committee

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2017-A2288 (ACTIVE) - Details

See Senate Version of this Bill:
S8363
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §176.15, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A7237, S4900

2017-A2288 (ACTIVE) - Summary

Relates to insurance fraud in the fourth degree.

2017-A2288 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2288
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  MORELLE,  SKOUFIS,  WEPRIN  -- read once and
   referred to the Committee on Codes
 
 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:
 § 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.
   § 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.
                                                            LBD00929-01-7

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