BILL NUMBER:  S6450

 TITLE OF BILL :
An act to amend the penal law, in relation to staging a motor vehicle
accident


 PURPOSE :
To impose tough criminal penalties on those who engage in staged
accidents.

 SUMMARY OF PROVISIONS :
This bill would establish a new crime of staging a motor vehicle
accident. A person who operates a motor vehicle and intentionally
causes a collision with intent to commit insurance fraud or arranges
to have another person intentionally cause such a collision shall be
guilty of staging a motor vehicle accident in the third degree which
would be punishable as a class D felony.

A person would be guilty of staging a motor vehicle accident in the
second degree, punishable as a class C felony, if he or she commits
the offense of staging a motor vehicle accident in the third degree
and has been previously convicted of an insurance fraud crime within
the preceding five years. A person would be guilty of staging in the
first degree, punishable as a class B felony, if a person commits the
offense of staging in the third degree and causes serious personal
              

injury or death to another person other than a participant in such
offense.

 JUSTIFICATION :
On March 22, 2003, Alice Ross, a 71 year old grandmother, was killed
as the result of a staged auto accident.  These "accidents" are
arranged and intentionally committed by criminals who then file
fraudulent insurance claims for fake crash injuries and rob insurance
companies and their policyholders. While the economic cost of such
activity is staggering with no-fault insurance fraud estimated to cost
insurance companies and their policyholders $1 billion per year,
staged accidents also pose a serious public safety risk, as is
demonstrated by the untimely death of Alice Ross. Women and elderly
drivers are in particular danger because they are often targeted for
these accidents because they are less likely to be confrontational
after an accident, thereby making it easier for criminals to engage in
this activity.

This bill would impose tough penalties on those who stage accidents,
thereby deterring individuals from engaging in this dangerous crime.
Not only would this help to contain no-fault fraud and reduce
insurance premiums, but it will make us all safer. New York State
drivers should not have to drive down the road wondering whether
someone might purposefully drive into them for the purpose of engaging
in insurance fraud.

 LEGISLATIVE HISTORY :
S.2634 of 2007-08

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.