NY State Senate Bill 2017-S4975

Senate Bill S4975

2017-2018 Legislative Session

Relates to accurate reporting of crime statistics and excludes certain crime statistics from consideration when making rates of insurance

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to finance

2017-S4975 (ACTIVE) - Details

See Assembly Version of this Bill:: A6107
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-t, Exec L; amd §2304, Ins L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S6364, A8630
2015-2016: S597, A6853
2019-2020: A6199

2017-S4975 (ACTIVE) - Summary

Relates to accurate reporting of crime statistics and excludes certain crime statistics from consideration when setting rates of insurance.

2017-S4975 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4975

 TITLE OF BILL :

An act to amend the executive law, in relation to accurate reporting
of crime statistics; and to amend the insurance law, in relation to
excluding certain crime statistics from consideration when making
rates of insurance

 PURPOSE OR GENERAL IDEA OF BILL :

Excludes crime data or statistics in setting rates of insurance when
such data or statistics are as a result of crimes committed in
correctional or detention facilities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the executive law by adding a new section, 837-t.
Requires the accurate reporting of crime data in order to ensure that
crimes that are committed in prisons or other correctional facilities,
for which local police precincts and departments do not respond and
are not assigned to, are not reflected in crime statistics for a given
area.

Section 2. Amends the insurance law, section 2304 (b). Prohibits an
insurer or rate service organization from including crime data or

statistics from its rate setting, when such crime data is related to
crime that is committed within prisons or correctional facilities that
are located within the area being evaluated.

Section 3. Effective Date

 EXISTING LAW :

None.

 JUSTIFICATION :

According to an article by Dennis Slattery in the New York Daily News
on Wednesday, January 15, 2014, crimes that are committed within the
Rikers Island Penal Complex are added to the compstat statistics for
the 410 Precinct in the Bronx. This artificial inflation of the crime
rates in the South Bronx, and in other areas of New York State where
prisons and correctional facilities are located, financially impacts
the localities because insurers then set their rates higher.

Crimes that are committed within prisons and other correctional
facilities should have no impact on the crime statistics of the
surrounding area and on the local police precincts and departments.
Local police are not assigned to prisons and jails, local law
enforcement has no ability whatsoever to prevent prison-based crime or
increase their patrols in order to reduce crime.

Likewise, local residents should not be punished through higher
insurance rates as a result of crime that takes place in prisons and
other correctional facilities.

This bill would prohibit prison based crime from being included in the
crime statistics for the local precinct. It would also prohibit
insurers from increasing their car and property insurance rates due to
crimes committed in prisons.

The Governor's Veto Message stated that 1) other entities already
collect the information required by the legislation; 2) the program
would impose a substantial unbudgeted cost on the Division; and 3)

these issues are better addressed within the context of upcoming
budget negotiations.

 PRIOR LEGISLATIVE HISTORY :

2016: S.597 - REFERRED TO FINANCE/A. 6853 - referred to insurance
2015: S.597 - PASSED SENATE/A.6853 - referred to insurance
2014: S.6364A - Passed Senate/A.8630A - Passed Assembly; Veto Message
497

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

2017-S4975 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4975
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to accurate reporting  of
   crime  statistics;  and  to  amend  the  insurance law, in relation to
   excluding certain crime  statistics  from  consideration  when  making
   rates of insurance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-t
 to read as follows:
   §  837-T.  REPORTING  OF  CRIME  STATISTICS.   WHEN REPORTING ON CRIME
 STATISTICS AND OTHER DATA COLLECTED AND ANALYZED PURSUANT  TO  PARAGRAPH
 (C)  OF  SUBDIVISION  FOUR OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THIS
 ARTICLE, THE DIVISION SHALL SEPARATELY REPORT THE  ACTIVITY  THAT  TAKES
 PLACE  IN  ANY  FEDERAL, STATE OR LOCAL CORRECTIONAL FACILITY, DETENTION
 FACILITY, TRANSPORTATION FACILITY OR OTHER FACILITY LOCATED  WITHIN  THE
 GEOGRAPHIC BOUNDARIES OF A POLICE DEPARTMENT AS DEFINED IN SECTION EIGHT
 HUNDRED  THIRTY-SEVEN-C OF THIS ARTICLE BUT WHICH IS UNDER THE JURISDIC-
 TION OF ANOTHER LAW ENFORCEMENT AGENCY.
   § 2. Subsection (b) of section 2304 of the insurance law is amended to
 read as follows:
   (b) The information furnished in support of a filing may include:
   (1) the experience or judgment of the insurer or rate  service  organ-
 ization making the rate;
   (2)  its interpretation of any statistical data it relies upon, EXCEPT
 THAT NO INSURER OR RATE SERVICE ORGANIZATION  SHALL  INCLUDE  DATA  FROM
 FACILITIES  LISTED IN SECTION EIGHT HUNDRED THIRTY-SEVEN-T OF THE EXECU-
 TIVE LAW;
   (3) the experience of other insurers or rate service organizations; or
   (4) any other relevant factors.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07331-01-7

 S. 4975                             2
 
   § 3. This act shall take effect immediately,  provided,  however  that
 section  two  of this act shall take effect on the one hundred eightieth
 day after it shall have become a law and shall apply to policies  issued
 or renewed on or after such effective date.

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