BILL NUMBER: S512

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the penal law, in relation to includ-
ing the forgery of a certificate of insurance or an insurance identifi-
cation card within the offense of forgery in the second degree and the
forgery of ten 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 insur-
ance a class C Felony.

 
EXISTING LAW:

Existing law does not include the aforementioned items under the defi-
nition 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 citi-
zens 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 phys-
ical 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
2014: S.2253- Passed Senate
2015/2016; S. 1524 - Passed Senate, The Prime sponsor of this bill has
shifted from Senator Klein to Senator Carlucci.
2017-18: S4298/A1217 - PASSED SENATE/codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date it becomes law.