BILL NUMBER: S5232
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the penal law, in relation to the crime of staging a
motor vehicle accident in the second degree
 
PURPOSE:
To impose criminal penalties on those who recruit, hire, or otherwise
direct others to engage in staged accidents.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 176,.75 of the penal law. Section 2 provides.an
effective date.
 
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 often
arranged and intentionally committed by criminals who then file fraudu-
lent insurance claims for fake crash injuries and rob insurance compa-
nies 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 partic-
ular 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 builds on the provisions of Chapter 151 of 2019, "Alice's Law"
which established the crime of staging a motor vehicle accident, by
extending its provisions to those who mastermind these staged collisions
by recruiting or directing others to commits staged accidents. Current-
ly, Alice's Law allows prosecution of those who directly participate in
a staged motor vehicle accident. These accidents are rarely staged at
the initiative of the participants but are rather orchestrated by crimi-
nals who hire or direct others to engage in the staged collisions. This
law would allow the direct prosecution of those who through hiring,
pressuring or other means arranges for the commission of staged acci-
dents. Not only would this help to contain no-fault fraud and reduce
insurance premiums, but it will make us all safer.
 
LEGISLATIVE HISTORY:
2024: S7754A Breslin/ A6816 Weprin
 
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.

Statutes affected:
S5232: 176.75 penal law