A06555 Summary:

BILL NO    A06555A

SAME AS    No Same as 

SPONSOR    Crespo

COSPNSR    

MLTSPNSR   

Add Art 4 Title 1 SS400 - 412, Title 2 SS420 - 427, Eld L; amd SS60.35, 120.05,
135.30, 135.45 & 140.10, add Art 261 SS261.00 - 261.08, Pen L; add S97-llll, St
Fin L; amd S1809, V & T L; amd S4, Bank L

Enacts the Senior Anti-Violence and Enforcement Act (SAVE); establishes a
central registry for access to reports of maltreatment of seniors; creates a
council on elder abuse; establishes penal provisions regarding offenses against
the elderly and disabled.
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A06555 Actions:

BILL NO    A06555A

03/26/2015 referred to aging
05/21/2015 amend and recommit to aging
05/21/2015 print number 6555a
01/06/2016 referred to aging
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A06555 Votes:

There are no votes for this bill in this legislative session.
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A06555 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6555A              REVISED MEMO 05/21/2015
 
SPONSOR: Crespo
  TITLE OF BILL: An act to amend the elder law, the penal law, the state finance law, the vehicle and traffic law and the banking law, in relation to enacting the senior anti-violence and enforcement act   PURPOSE OR GENERAL IDEA OF THE BILL: Enacts the Senior Anti-Violence and Enforcement Act (SAVE), which will provide new protections for seniors, including mandatory reporting of crimes or abuse and the creation of a statewide abuse registry, estab- lishment of new investigatory procedures, provision for research on senior violence, and establishment of new criminal penalties for crimes against seniors.   SUMMARY OF PROVISIONS: Section 1. Short Title: Creates the Senior Anti-Violence and Enforcement Act (SAVE) Section 2. Amends the Elder law by adding a new article 4. Requires mandatory reporting of abuse and mistreatment of seniors. Establishes a broad definition of abuse and mistreatment that includes not only phys- ical abuse, but also financial, sexual, emotional or psychological abuse, neglect, abandonment, financial or material exploitation, and self-neglect. Creates a new statewide central registry for senior abuse and neglect in the State Office for the Aging (SOFA). Provides for the following mandatory reporters, including health care workers, social workers, mental health professionals, persons employed by or associated with a licensed or registered facility which provides care to seniors, peace and police officers, district attorneys and other law enforcement officials, as well as bankers, financial consultants and others. The bill also allows any person to report. Establishes the State Office for the Aging as the lead agency for senior abuse and neglect, and the designated agencies are established as lead agencies at the local level. Requires each designated agency to estab- lish a Senior Anti-Violence Services (SAVS) unit. Requires that proce- dures for investigation be established by SOFA, and carried out by the SAVS units, using community teams of local services. Section 3. Amends the Penal Law, section 60.35, the section heading and subdivision 1. Establishes a mandatory senior anti-violence services fee. Increases fees for various crimes. Section 4. Amends the State Finance Law. Adds a new section 97-1111. Establishes the Senior Anti-Violence Services Account in the joint custody of the State Comptroller and the Commissioner of Taxation and Finance. Provides that monies in such account shall be collected from mandatory fees established by this chapter and shall be made available by appropriation from the legislature, allocated by the Director of the Budget and made available for local assistance services through the State Office for the Aging. Section 5. Amends the Vehicle and Traffic Law, Section 1809. Estab- lishes a mandatory surcharge and crime victim assistance fee for certain driving infractions. Sections 6, 7 8, 9, 10 and 11. Amends the Vehicle and Traffic Law, Section 1809, subdivision 1. Establishes a Senior Anti-Violence Services Fee of $25.00 upon the conviction of a crime under this chapter. Section 12. Amends the Banking Law Section 4, subdivision 3. Provides that no financial institution shall be held liable for reporting instances of suspected abuse or mistreatment of seniors when such reporting is done in good faith. Section 13. Amends the Penal Law by adding a new article 261, Offenses Against the Elderly and Disabled. Makes numerous changes to the penal law and adds new sections dealing with abandonment of an elderly or disabled person, endangering the welfare of an elderly or disabled person and endangering the welfare of an elderly person. Section 14. Amends the Penal Law, section 120.05 by adding a new subdi- vision 13. Creates the new crime of assault in the second degree when a person being eighteen years old or more intends to cause physical injury to a person sixty years old or more. Section 15. Amends the Penal Law, Section 135.30. Kidnapping defense does not apply when the abducted person is sixty years old or more or is a person who has a physical or mental impairment that substantially limits a major life activity, and the kidnapping was done with the intention of compelling such person to transfer an asset to the defend- ant or to a third party. Section 16. Amends the Penal Law, Section 135.45 by adding a new subdi- vision 3. Custodial interference in the second degree when a person who knows that he or she has no right to do so, takes or entices any person sixty years of age or more or a person who has a physical or mental impairment that substantially limits a major life activity, from the custody of another person or institution. Section 17. Amends the Penal Law, Section 140.10 subdivision (g) and adds a new subdivision (h), Criminal Trespass in the third degree. Provides that a person shall be guilty of criminal trespass in the third degree when the person enters a dwelling which is occupied by a person sixty years of age or more or by a person who has a physical or mental impairment that substantially limits a major life activity. Section 18. Severability Clause Section 19. Effective Date   EXISTING LAW: None   JUSTIFICATION: According to the New York State Elder Abuse Prevalence Study which was released during the Elder Abuse Summit held from November 16-18, 2010 in Albany, New York: *There is a dramatic gap between the rate of elder abuse events reported by older New Yorkers and the number of cases referred to and served in the formal elder abuse service system; *The elder abuse prevalence rate in New York State was nearly 24 times greater than the number of cases referred to social services, law enforcement or legal authorities who have the capacity as well as the responsibility to assist older adult victims. *Emotional abuse was the most common form of mistreatment reported by agencies providing data on elder abuse victims. This finding stands in contrast to the results of the Self-Reported Study in which financial exploitation was the most prevalent form of mistreatment. *Applying the prevalence rate to the general population of older New Yorkers, an estimated 268,280 older adults in the state have been victims of at least one form of elder abuse since turning 60. The major findings of the Self-Reported Study include: a total preva- lence rate of 76 per 1,000 older residents of New York State for any form of elder abuse was found; the cumulative prevalence of any form of non-financial elder mistreatment was 46.2 per thousand subjects studied; and, the highest rate of mistreatment occurred for major financial exploitation (theft of money or property, using items without permis- sion, impersonation to get access, forcing or misleading to get items such as money, bank cards, accounts, power of attorney) with a rate of 41 per 1,000 surveyed. New York is one of only eight States in the country that does not require some form of mandatory reporting for elder abuse. Elder abuse takes many forms, and the courts and criminal justice system see it in many contexts: criminal assault, battery, rape or theft; civil fraud or conversion matters; personal injury actions; guardianship or conserva- torship; mental health commitment; special protective proceedings; cases involving health care decisions for an incapacitated patient; and crimi- nal or civil cases regarding institutional care. This bill addresses all of these situations.   LEGISLATIVE HISTORY: 2015: S.239A - Referred to Aging/A.6555 - Referred to Aging 2014: S.720A - Amend and Recommit to Aging/A.133A- Amend and Recommit to Aging 2013: S.720- Reported, Committed to Codes/A.133 - Referred to Aging 2012: S.309-A - Amend and Recommit to Transportation/A.1010-A-Amend and Recommit to Aging 2011: S.309 - Notice of Committee Consideration Requested, Committee Discharged and Committed to Transportation/A.1010 Referred to Aging 2009-2010 S.5582 - Reported and Committed to Codes/A.9078 - Referred to Aging   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately, with provisions.
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A06555 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6555--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 26, 2015
                                       ___________
 
        Introduced by M. of A. CRESPO -- read once and referred to the Committee
          on  Aging  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the elder law, the penal law, the state finance law, the
          vehicle and traffic law and the banking law, in relation  to  enacting
          the senior anti-violence and enforcement act
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be  cited  as  the  "senior
     2  anti-violence and enforcement act" (SAVE).
     3    §  2.  The  elder  law is amended by adding a new article 4 to read as
     4  follows:
     5                                  ARTICLE 4
     6                          PROTECTION OF THE ELDERLY
     7                                   TITLE 1
     8                  SENIOR ANTI-VIOLENCE AND ENFORCEMENT ACT;
     9                            REPORTS AND FINDINGS
    10  Section 400. Definitions.
    11          401. Statewide central registry established; requirements.
    12          402. Disposition of reports received by the registry.
    13          403. Availability of reports.
    14          404. Release of information.
    15          405. Unfounded reports.
    16          406. Penalty for unauthorized disclosure.
    17          407. Persons  required  to  report  suspected  senior  abuse  or
    18                 maltreatment.
    19          408. Any person permitted to report.
    20          409. Reporting procedure.
    21          410. Immunity from liability.
    22          411. Penalties for failure to report.
    23          412. Annual reports.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01422-04-5

        A. 6555--A                          2
 
     1    § 400. Definitions. As used in this article:
     2    1. "Senior" means a person sixty years of age or older.
     3    2. "Registry" or "Central registry" means the statewide central regis-
     4  try for senior abuse and neglect in the state office for the aging.
     5    3. "Office" means the state office for the aging.
     6    4. "Council" means the council on elder abuse created pursuant to this
     7  article.
     8    5. "Designated agency" has the same meaning as provided in section two
     9  hundred fourteen of this chapter.
    10    6.  "Local  service"  means those services and agencies that work with
    11  designated agencies as part of the team in investigating allegations  of
    12  abuse of a senior.
    13    7.  "Abused  senior"  means and includes a senior abused in any of the
    14  following manners:
    15    (a) Physical abuse, including the suffering of bodily injury, physical
    16  pain, or impairment resulting from the use of physical force  against  a
    17  senior  by acts including but not limited to striking with or without an
    18  object, hitting, beating, pushing, shoving, shaking, slapping,  kicking,
    19  pinching, and burning, that result in physical signs of impairment or of
    20  being  subjected  to  punishment,  or  signs  of  being restrained, or a
    21  senior's report of being hit, slapped, kicked, or mistreated.
    22    (b) Sexual abuse, including non-consensual sexual contact of any  kind
    23  with  a  senior,  including but not limited to unwanted touching, sexual
    24  assault or battery, rape, sodomy, coerced nudity, and sexually  explicit
    25  photographing,  that  result  in  physical  signs  of  impairments  or a
    26  senior's report of being sexually assaulted or raped.
    27    (c) Emotional or psychological  abuse,  including  the  infliction  of
    28  anguish,  pain,  or distress through verbal or nonverbal acts, including
    29  but not limited to  verbal  assaults,  insults,  threats,  intimidation,
    30  humiliation,  and harassment, infantilizing a senior, isolating a senior
    31  from his or her family, friends,  or  regular  activities,  or  enforced
    32  social  isolation,  the  results  of which may be evinced by impairments
    33  including but not limited to the caregiver's refusal to  allow  visitors
    34  to  see  a senior alone, or changes in the senior's behavior that result
    35  in the senior being emotionally upset or agitated, being extremely with-
    36  drawn and noncommunicative or nonresponsive,  unusual  behavior  usually
    37  attributed to dementia (e.g., sucking, biting, rocking).
    38    (d) Neglect, including the refusal or failure to fulfill any part of a
    39  person's  obligations or duties to a senior, failure of a person who has
    40  fiduciary responsibilities to provide care for a senior or  the  failure
    41  on  the  part  of  an in-home service provider to provide such necessary
    42  care, including the refusal or failure to provide an elderly person with
    43  such life  necessities  as  food,  water,  clothing,  shelter,  personal
    44  hygiene,  medicine,  comfort,  personal  safety,  and  other  essentials
    45  included in an implied or agreed-upon responsibility to such senior, the
    46  results of which may be evinced by such visible physical impairments  as
    47  dehydration,  malnutrition,  untreated  bed  sores,  and  poor  personal
    48  hygiene, unattended or untreated health problems,  hazardous  or  unsafe
    49  living  condition/arrangements, unsanitary and unclean living conditions
    50  (e.g.  dirt, fleas, lice on person, soiled bedding,  fecal/urine  smell,
    51  inadequate clothing).
    52    (e)  Abandonment, including the desertion of a senior by an individual
    53  who has assumed responsibility for providing care for such senior, or by
    54  a person with physical custody of a senior, including but not limited to
    55  the desertion of a senior at a hospital, a nursing  facility,  or  other

        A. 6555--A                          3
 
     1  similar  institution,  or the desertion of a senior at a shopping center
     2  or other public location; or a senior's report of being abandoned.
     3    (f)  Financial  or  material  exploitation,  including  the illegal or
     4  improper use of a senior's funds, property, or assets, including without
     5  limitation cashing a senior's checks without  authorization  or  permis-
     6  sion,  forging  a  senior's  signature,  misusing or stealing a senior's
     7  money or possessions, coercing or deceiving  a  senior  into  signing  a
     8  document  such  as a contract or a will, or improper use of conservator-
     9  ship, guardianship, or power of attorney.
    10    (g) Self-neglect, including the behavior of  an  elderly  person  that
    11  threatens his or her own health or safety through the refusal or failure
    12  to provide himself or herself with adequate food, water, clothing, shel-
    13  ter,  personal  hygiene, medication (when indicated), and safety precau-
    14  tions.
    15    8. "Person legally responsible for a senior" means  and  includes  the
    16  senior's custodian, guardian or any other person responsible formally or
    17  informally for the senior's care at the relevant time, any person acting
    18  with  power of attorney, trustee appointed by a court, or any person who
    19  by consent, contract or legal order acts to arrange the affairs  of  the
    20  senior.
    21    9.  "Subject  of  the  report"  means a person reported to the central
    22  registry as being allegedly responsible for causing the injury, abuse or
    23  maltreatment that has resulted in a senior becoming an abused senior  or
    24  who  allegedly allows such injury, abuse or maltreatment to be inflicted
    25  on such senior and who is:
    26    (a) a person legally responsible for a senior;
    27    (b) a person, including a director, operator, employee, volunteer,  or
    28  contractor,  in  a  public,  private, or not-for-profit entity providing
    29  goods or services to a senior pursuant to a contract or  other  arrange-
    30  ment;
    31    (c) a person related to the senior by consanguinity or affinity; or
    32    (d)  a  person  who  has  gained  access  to  or  control  formally or
    33  informally over a senior's finances,  medication,  living  arrangements,
    34  such that such person may cause a senior to become an abused senior.
    35    10.  "Other  persons named in the report" means persons other than the
    36  subject of the report who are named in a report of senior  abuse.  Other
    37  persons  named  in  the  report  shall  be  limited to the senior who is
    38  reported to the registry, and such senior's guardian, custodian or other
    39  person legally responsible for the senior who has not been named in  the
    40  report  as  allegedly  responsible  for  causing the senior to become an
    41  abused senior.
    42    11. An "unfounded report" means any report made pursuant to this title
    43  which is not an indicated report.
    44    12. An "indicated report" is a report made pursuant to this title  for
    45  which  an  investigation determines that credible evidence exists that a
    46  senior is an abused senior.
    47    13. "Director" means the director of  the  office  for  the  aging  as
    48  described in section two hundred one of this chapter.
    49    §  401.  Statewide  central registry established; requirements. 1. The
    50  director shall establish in the office a statewide central  registry  to
    51  receive, maintain, and provide appropriate access to reports made pursu-
    52  ant to this title concerning the abuse and maltreatment of seniors.
    53    2.  Such  registry  shall be capable of receiving reports by telephone
    54  call, fax, e-mail, and any other forms  of  communication  the  director
    55  deems  appropriate,  alleging that a senior has become an abused senior,
    56  of immediately identifying prior reports of abuse involving such  senior

        A. 6555--A                          4
 
     1  or other persons named in the report, and shall be capable of monitoring
     2  the  provision of services to such senior twenty-four hours a day, seven
     3  days a week. In furtherance of these requirements,
     4    (a)  The office shall maintain statewide toll-free telephone voice and
     5  fax numbers and an e-mail address which any person, whether mandated  by
     6  law or not, may use to contact the registry to report an allegation that
     7  a senior has become an abused senior.
     8    (b)  The  office  shall  additionally  maintain  an unlisted telephone
     9  number, fax number, e-mail address, and such other communication  proto-
    10  cols  as  the director deems appropriate, which only persons mandated by
    11  this chapter may use to report an allegation that a senior has become an
    12  abused senior.
    13    (c) The office shall assure that the communication protocols  required
    14  by  this  section shall be capable of allowing all persons authorized by
    15  this title to determine the existence of prior reports in order to eval-
    16  uate the condition or circumstances of a senior.
    17    3. Information maintained in the registry shall  include  but  not  be
    18  limited to:
    19    (a) the initial date or date of the contact with the registry alleging
    20  that a senior has become an abused senior;
    21    (b)  the time and date of the communication of such information to the
    22  designated agency, and the time and date of acknowledgement  of  receipt
    23  by the designated agency of such information;
    24    (c) all information in the written report required by this title;
    25    (d)  a  record  of  the  final  disposition  of  the report, including
    26  services offered and services accepted;
    27    (e) the plan for rehabilitative treatment;
    28    (f) names and identifying data, dates and circumstances of any  person
    29  requesting or receiving information from the registry; and
    30    (g) any other information the director deems will further the purposes
    31  and intent of this title.
    32    §  402. Disposition of reports received by the registry. 1. The direc-
    33  tor shall establish in  the  rules  and  regulations  to  implement  the
    34  requirements  of  this section criteria for determining whether a report
    35  could reasonably constitute a report of abuse of a senior. The inability
    36  of a person making a report to identify the  alleged  perpetrator  shall
    37  not  constitute a sufficient reason for the registry to reject the alle-
    38  gation or to fail to transmit the allegation for investigation.
    39    2. When an  allegation  reported  to  the  registry  could  reasonably
    40  constitute a report of abuse of a senior, such allegation shall be tran-
    41  smitted  by  the  fastest means possible by the office to the designated
    42  agency for investigation.
    43    3. If the records indicate a previous report concerning a  subject  of
    44  the  report, other persons named in the report or other pertinent infor-
    45  mation, the designated agency shall be notified of the fact.
    46    4. Irrespective of whether a report reasonably constitutes a report of
    47  abuse of a senior,
    48    (a) If a report could reasonably constitute a crime or  could  reason-
    49  ably  be  construed as posing an immediate threat to the senior's health
    50  or safety, the office shall convey by the most expedient means available
    51  the information to the  appropriate  law  enforcement  agency,  district
    52  attorney  or other public official empowered to provide necessary aid or
    53  assistance.
    54    (b) If a report could reasonably constitute institutional neglect of a
    55  senior in residential care, the office shall convey by the most  expedi-
    56  ent  means available the information to the state agency responsible for

        A. 6555--A                          5
 
     1  the operation or supervision of the residential facility or program and,
     2  in the case of a facility operated or certified  by  an  office  of  the
     3  department of mental hygiene, to the state commission on quality of care
     4  for the mentally disabled, for appropriate action.
     5    5.  Reports  and  records  made  pursuant to this title, including any
     6  previous report concerning a subject of the report, other persons  named
     7  in  the  report  or  other  pertinent information, involving seniors who
     8  reside in a facility licensed or operated by the office of mental health
     9  or the office for people with developmental disabilities, shall be tran-
    10  smitted immediately by the registry to the commission on quality of care
    11  for the mentally disabled, which shall commence an appropriate  investi-
    12  gation in accordance with the mental hygiene law.
    13    § 403. Availability of reports. 1. Reports made pursuant to this title
    14  as  well as any other information obtained, including reports written or
    15  photographs taken concerning such reports which are in the possession of
    16  the office, designated agencies, or the commission on  quality  of  care
    17  for  the mentally disabled, shall be confidential and shall only be made
    18  available to:
    19    (a) a physician who, examining or having examined a senior, reasonably
    20  suspects that such senior may be an abused or maltreated senior;
    21    (b) a person authorized to place a senior in protective  custody  when
    22  such  person  has  before  him or her a senior whom he or she reasonably
    23  suspects may be an abused or maltreated senior and such person  requires
    24  the  information  to determine whether to place the senior in protective
    25  custody;
    26    (c) a duly authorized agency having responsibility  for  the  care  or
    27  supervision of a senior who is reported to the registry;
    28    (d)  a  person who is the subject of the report or other persons named
    29  in the report;
    30    (e) a court, upon a finding that  the  information  is  necessary  for
    31  determination of an issue before the court;
    32    (f) a grand jury, upon a finding that the information is necessary for
    33  determination of charges before the grand jury; and
    34    (g) an appropriate state legislative committee responsible for protec-
    35  tive legislation of seniors.
    36    2.  Rules  and  regulations  of the director shall establish a list of
    37  such other persons, agencies, investigative bodies, and  auditing  enti-
    38  ties  that  may  be  given  access  to the registry, and shall establish
    39  requirements for confidentiality, limitations on re-disclosure of infor-
    40  mation, and such other requirements  and  limitations  as  the  director
    41  shall deem necessary.
    42    3.  Any  inconsistent  provision  of  any  other  law  to the contrary
    43  notwithstanding, the director may withhold all or part of  any  informa-
    44  tion which he or she is authorized to make available to persons or agen-
    45  cies identified in this section or identified by rule and regulation, if
    46  the  director  determines  that  such  information is not related to the
    47  purposes for which such information is requested or that disclosure will
    48  be detrimental to the senior named in the report.
    49    4. If a person or agency identified in this section, or  by  rule  and
    50  regulation  of  the director, as one to whom access to reports and other
    51  information shall be granted, is denied  such  access,  such  person  or
    52  agency  may  bring  a  proceeding  for review of such denial pursuant to
    53  article seventy-eight of the civil practice law and rules.
    54    5. Nothing contained in this article  shall  be  construed  to  permit
    55  release,  disclosure  or  identification  of  the  names  or identifying
    56  descriptions of persons who report suspected abuse or maltreatment of  a

        A. 6555--A                          6
 
     1  senior to the registry or such person's place of employment or with whom
     2  they  have  an  association  other than employment without such person's
     3  written permission except to such persons, officials,  and  agencies  as
     4  the director determines in rule and regulation.
     5    §  404.  Release  of information. 1. Information concerning reports or
     6  investigations may be released to the public only by persons  designated
     7  in  the  rules  and regulations of the director to release such informa-
     8  tion.  Information that may be provided shall be limited to the  follow-
     9  ing:
    10    (a) If a request for information is made prior to the completion of an
    11  investigation  of a report, the released information shall be limited to
    12  whether the report is "indicated", "unfounded" or "under investigation",
    13  as the case may be.
    14    (b) If the request for information is made after the completion of  an
    15  investigation  of a report, the released information shall be limited to
    16  whether the report is "indicated" or "unfounded," as the case may be.
    17    2. Notwithstanding any inconsistent provision of law to the  contrary,
    18  the  director  or  a designated agency director may disclose information
    19  regarding the abuse or maltreatment of a senior as  set  forth  in  this
    20  section,  and the investigation thereof and any services related thereto
    21  if he or she determines that such disclosure shall not  be  contrary  to
    22  the  best  interests of the senior, and any one of the following factors
    23  are present:
    24    (a) the subject of the  report  has  been  charged  in  an  accusatory
    25  instrument with committing a crime related to a report maintained in the
    26  registry; or
    27    (b)  the  investigation of the abuse or maltreatment by the designated
    28  agency or the provision of services by such service  has  been  publicly
    29  disclosed  in  a  report required to be disclosed in the course of their
    30  official duties, by a law enforcement agency  or  official,  a  district
    31  attorney,  any  other state or local investigative agency or official or
    32  by judge of the unified court system; or
    33    (c) there has been a prior knowing, voluntary, public disclosure by an
    34  individual concerning a report of abuse or maltreatment  in  which  such
    35  individual is named as the subject of the report; or
    36    (d)  the senior in the report has died or the report involves the near
    37  fatality of a senior. For the purposes of this section, "near  fatality"
    38  means  an act that results in the senior being placed, as certified by a
    39  physician, in serious or critical condition.
    40    3. For the purposes of this section, the following information may  be
    41  disclosed:
    42    (a) the name of the abused or maltreated senior;
    43    (b)  the  determination  by  the designated agency or the state agency
    44  which investigated the report and the findings of the applicable  inves-
    45  tigating agency upon which such determination was based;
    46    (c) identification of services provided or actions taken regarding the
    47  senior named in the report as a result of any such report or reports;
    48    (d)  whether any report of abuse or maltreatment regarding such senior
    49  has been "indicated" as maintained by the registry;
    50    (e) actions taken by the designated agency in response to  reports  of
    51  abuse  or  maltreatment  to  the  registry  including but not limited to
    52  actions taken after each and every report of abuse  or  maltreatment  of
    53  such senior and the dates of such reports;
    54    (f)  whether  the senior has received care or services from the desig-
    55  nated agency prior to each and every report of abuse or maltreatment  of
    56  such senior; and

        A. 6555--A                          7
 
     1    (g)  any extraordinary or pertinent information concerning the circum-
     2  stances of the abuse or maltreatment of the senior and the investigation
     3  thereof, where the director determines  such  disclosure  is  consistent
     4  with the public interest.
     5    4. Information may be disclosed pursuant to this section as follows:
     6    (a)  information released prior to the completion of the investigation
     7  of a report shall be limited to a statement  that  a  report  is  "under
     8  investigation";
     9    (b)  when  there has been a prior disclosure pursuant to this subdivi-
    10  sion, information released in a  case  in  which  the  report  has  been
    11  unfounded  shall be limited to the statement that "the investigation has
    12  been completed, and the report has been unfounded";
    13    (c) if the  report  has  been  "indicated"  then  information  may  be
    14  released pursuant to subdivision two of this section.
    15    5.  Any  disclosure  of information pursuant to this section shall not
    16  identify or provide an identifying description  of  the  source  of  the
    17  report,  and shall not identify the name of the person legally responsi-
    18  ble for the senior or any other members of the senior's household, other
    19  than the subject of the report.
    20    6. In determining whether disclosure will  be  contrary  to  the  best
    21  interests  of  the  senior, the director or a designated agency director
    22  shall consider the interest in privacy of the senior  and  the  senior's
    23  family  and  the effects which disclosure may have on efforts to provide
    24  services.
    25    7. Whenever a disclosure of  information  is  made  pursuant  to  this
    26  section,  the  designated agency director shall make a written statement
    27  prior to disclosing such information to the chief county executive offi-
    28  cer where the incident occurred setting forth the criteria upon which he
    29  or she is basing such disclosure.
    30    8. Except as it  applies  directly  to  the  cause  of  the  abuse  or
    31  maltreatment  of  the senior, nothing in this section shall be deemed to
    32  authorize the release or disclosure of the substance or content  of  any
    33  psychological,  psychiatric,  therapeutic,  clinical or medical reports,
    34  evaluations or like materials or information pertaining to  such  senior
    35  or  the  senior's  family.  Prior  to  the  release or disclosure of any
    36  psychological, psychiatric or therapeutic reports, evaluations  or  like
    37  materials  or information pursuant to this subdivision, the local social
    38  services director shall consult with the personnel of the department  of
    39  mental hygiene.
    40    §  405.  Unfounded  reports.  1.  Unless  an investigation of a report
    41  conducted pursuant to this  title  determines  that  there  is  credible
    42  evidence of the alleged abuse or maltreatment, all information identify-
    43  ing  the  subjects  of  the report and other persons named in the report
    44  shall be legally sealed by the registry and any designated  agencies  or
    45  the  state agency which investigated the report, and the report shall be
    46  deemed "unfounded". Such unfounded reports may only be unsealed and made
    47  available to such persons and entities as shall be  established  by  the
    48  director  in  rules  and  regulations  for  such purposes as review of a
    49  fatality or investigation of a subsequent report of suspected  abuse  or
    50  maltreatment involving a subject of the unfounded report. Such unfounded
    51  reports  may  be made available to the following persons and entities: a
    52  senior named in the unfounded report; other persons named in the report;
    53  the subject of the report; a district  attorney  or  a  state  or  local
    54  police  officer when such official verifies that the report is necessary
    55  to conduct an active criminal investigation or for prosecution of  elder
    56  abuse;  or  other  persons in keeping with the spirit and intent of this

        A. 6555--A                          8
 
     1  section as shall be determined in  the  rules  and  regulations  of  the
     2  director required to implement this section.
     3    2. Persons given access to such unfounded reports shall not redisclose
     4  such reports except as necessary to conduct appropriate investigation or
     5  prosecution  and  shall  request  of  the  court that any copies of such
     6  reports produced in any court proceedings  be  redacted  to  remove  the
     7  names of the subjects and other persons named in the reports or that the
     8  court  issue  an  order  protecting  the names of the subjects and other
     9  persons named in the reports from public disclosure.
    10    3. An unfounded report shall not be admissible in a judicial or admin-
    11  istrative proceeding or action; provided, however, an  unfounded  report
    12  may be introduced into evidence:
    13    (a) by the subject of the report where such subject is a respondent in
    14  a  judicial  proceeding pertaining to the allegation made in the report,
    15  or is a plaintiff or petitioner in a civil action or proceeding alleging
    16  the false reporting of senior abuse or maltreatment; or
    17    (b) in a criminal court for the purpose of prosecuting a crime against
    18  a senior. Legally sealed unfounded reports shall be expunged  ten  years
    19  after  the  receipt  of  the report. Whenever the office determines that
    20  there is some credible evidence of abuse or maltreatment as a result  of
    21  an  investigation  of  a report conducted pursuant to the mental hygiene
    22  law, the office shall notify the commission on quality of care  for  the
    23  mentally disabled.
    24    4.  Notwithstanding  any other provision of law, the office may in its
    25  discretion grant a request to expunge an unfounded report where: (a) the
    26  source of the report was convicted of a violation of the  penal  law  in
    27  regard  to  such report; or (b) the subject of the report presents clear
    28  and convincing evidence that affirmatively  refutes  the  allegation  of
    29  abuse  or  maltreatment;  provided however, that the absence of credible
    30  evidence supporting the allegation of abuse or maltreatment shall not be
    31  the sole basis to expunge the report.  Nothing  in  this  section  shall
    32  require  the  office  to  conduct  an administrative hearing in deciding
    33  whether to expunge a report. The office  shall  make  its  determination
    34  upon  reviewing  the  written  evidence  submitted by the subject of the
    35  report and any records or information obtained from the state  or  local
    36  agency which investigated the allegations of abuse or maltreatment.
    37    5. In any case and at any time, the director may amend any record upon
    38  good  cause  shown  and  notice  to the subjects of the report and other
    39  persons named in the report.
    40    6. At any time, a subject of a report and other persons named  in  the
    41  report may receive, upon request, a copy of all information contained in
    42  the  registry;  provided,  however,  that  the director is authorized to
    43  prohibit the release of data that would identify the person who made the
    44  report or who cooperated in a subsequent investigation  or  the  agency,
    45  institution,  organization, program or other entity where such person is
    46  employed or with which he or she is associated, which he or she  reason-
    47  ably  finds  will  be  detrimental  to  the  safety or interests of such
    48  person.
    49    7. At any time subsequent to the completion of the  investigation  but
    50  in  no  event  later than ninety days after the subject of the report is
    51  notified that the report is indicated the subject may request the direc-
    52  tor to amend the record of the report. If the director  does  not  amend
    53  the report in accordance with such request within ninety days of receiv-
    54  ing  the  request,  the  subject shall have the right to a fair hearing,
    55  conducted in accordance with this subdivision, to determine whether  the
    56  record  of  the  report in the registry should be amended on the grounds

        A. 6555--A                          9
 
     1  that it is inaccurate or it is being maintained in a manner inconsistent
     2  with this title.
     3    (a)  If  it  is  determined  after  review  that  there is no credible
     4  evidence in the record to find that the subject committed an act or acts
     5  of senior abuse or maltreatment, the office shall amend  the  record  to
     6  indicate  that  the  report is "unfounded" and notify the subject forth-
     7  with.
     8    (b) If the office does not amend the record in  accordance  with  such
     9  request  and the provisions of this subdivision, the office shall sched-
    10  ule a fair hearing and shall provide notice  of  the  scheduled  hearing
    11  date to the subject, the registry and, as appropriate, to the designated
    12  agency  or the state agency which investigated the report. The burden of
    13  proof in such a hearing shall be on the designated agency or  the  state
    14  agency which investigated the report, as the case may be.
    15    (i)  A court finding of abuse or neglect against the subject in regard
    16  to an allegation contained in the report shall  create  an  irrebuttable
    17  presumption  that  said  allegation  is  substantiated  by some credible
    18  evidence.
    19    (ii) If it is determined at the fair hearing that there is no credible
    20  evidence in the record to find that the subject committed an act or acts
    21  of abuse or maltreatment of a senior, the office shall amend the  record
    22  to  reflect  that such a finding was made at the administrative hearing,
    23  order any designated agency  or  state  agency  which  investigated  the
    24  report  to  similarly  amend its records of the report, and shall notify
    25  the subject forthwith of the determination.
    26    (c) The director or his or her  designated  agent  is  authorized  and
    27  empowered  to  make  any appropriate order respecting the amendment of a
    28  record to make it accurate or consistent with the requirements  of  this
    29  section.
    30    (d)  Should  the office grant the request of the subject of the report
    31  pursuant to this subdivision either through an administrative review  or
    32  fair  hearing  to amend an indicated report to an unfounded report, such
    33  report shall be legally sealed and shall be  released  and  expunged  in
    34  accordance with the standards set forth in this section.
    35    8.  Written notice of any expungement or amendment of any record, made
    36  pursuant to this title, shall be served forthwith upon each  subject  of
    37  such  record,  other persons named in the report, the director, and such
    38  other persons and agencies the  director  shall  deem  appropriate.  The
    39  designated  agency  or  the  state agency which investigated the report,
    40  upon receipt of such notice, shall take the appropriate  similar  action
    41  in  regard to its registry and records and inform, for the same purpose,
    42  any other agency which received such record.
    43    § 406. Penalty for unauthorized disclosure. Unauthorized disclosure by
    44  any party of information obtained from the registry shall be a  class  A
    45  misdemeanor.
    46    §  407. Persons required to report suspected senior abuse or maltreat-
    47  ment. 1. The following persons are required to report or cause a  report
    48  to  be  made  in  accordance with this title when, while acting in their
    49  professional or official capacity, they have reasonable cause to suspect
    50  that a senior coming before them is an abused senior, or when they  have
    51  reasonable  cause to suspect that a senior is an abused senior where the
    52  person legally responsible for such senior comes before them and  states
    53  from  personal  knowledge  facts,  conditions or circumstances which, if
    54  correct, would render the senior an abused senior:
    55    (a) any health care worker, including any physician, physician assist-
    56  ant, surgeon, medical  examiner,  coroner,  dentist,  dental  hygienist,

        A. 6555--A                         10
 
     1  osteopath,  optometrist,  chiropractor,  podiatrist,  resident,  intern,
     2  psychologist, registered nurse, emergency  medical  technician,  or  any
     3  hospital  or  nursing  home personnel engaged in the admission, examina-
     4  tion,  care  or treatment of persons, or any other health care or health
     5  services  practitioner,  including  a  Christian  Science  practitioner,
     6  acupuncturist, or other such person;
     7    (b) any social worker, social services worker, day care center worker,
     8  or any provider of family or group family day care;
     9    (c)  any  mental health professional; substance abuse counselor; alco-
    10  holism counselor;
    11    (d) any person, including a director, operator,  employee,  volunteer,
    12  or  contractor,  in  a public, private, or not-for-profit facility which
    13  provides care to one or more seniors and which is licensed or registered
    14  pursuant to the provisions of the  public  health  law,  or  the  social
    15  services law;
    16    (e)  any peace officer, police officer, district attorney or assistant
    17  district attorney, investigator employed in the  office  of  a  district
    18  attorney or other law enforcement official;
    19    (f)  any  banker,  financial  consultant,  attorney, or paralegal with
    20  access to a senior's financial records or resources or  legal  documents
    21  or who possesses power of attorney for such senior.
    22    The director shall further define and enumerate in regulations persons
    23  and  occupations  which  are required to report when they suspect that a
    24  senior has become an abused senior.
    25    2. A person required to report under this title in his or her capacity
    26  as a member of the staff of a medical or other public or private  insti-
    27  tution, facility or agency shall additionally and immediately notify the
    28  person  in charge of such institution, facility or agency, or his or her
    29  designated agent, who then also shall become responsible  to  report  or
    30  cause  reports to be made, provided however that nothing in this section
    31  shall require more than one report from any such institution or  agency.
    32  At  the  time of making a report, or at any time thereafter, such person
    33  or official may request the findings of an investigation  made  pursuant
    34  to this title.
    35    §  408.  Any  person  permitted  to report. In addition to persons and
    36  officials required to report suspected senior  abuse  pursuant  to  this
    37  chapter, any person may make such a report if such person has reasonable
    38  cause to suspect that a senior is an abused senior.
    39    §  409. Reporting procedure. 1. Reports of suspected abuse made pursu-
    40  ant to this title shall be made immediately by telephone, fax, e-mail or
    41  any other communication protocol on a form  supplied  by  the  director.
    42  Oral reports shall be followed by a report in writing within forty-eight
    43  hours after such oral report.
    44    2.  Written  reports  shall  be  made in a manner prescribed by and on
    45  forms supplied by the director and shall include the following  informa-
    46  tion:
    47    (a) the name and address of the senior;
    48    (b) the person responsible for his or her care, if known;
    49    (c)  the name and address of the care facility or program in which the
    50  senior resides or is receiving care;
    51    (d) the senior's age, sex and race;
    52    (e) the nature and extent of  the  injuries,  abuse  or  maltreatment,
    53  including any evidence of prior injuries, abuse or maltreatment;
    54    (f)  the  name  of the person or persons alleged to be responsible for
    55  causing the injury, abuse or maltreatment, if known;
    56    (g) family composition, where appropriate;

        A. 6555--A                         11
 
     1    (h) the source of the report;
     2    (i) the person making the report and where he or she can be reached;
     3    (j) the actions taken by the reporting source, including the taking of
     4  photographs  and  technological scans, or notifying the medical examiner
     5  or coroner; and
     6    (k) any  other  information  which  the  director  may  by  regulation
     7  require,  or  which the person making the report believes might be help-
     8  ful, in the furtherance of the intent and purposes of this title.
     9    3. Any person or official required to report cases of suspected senior
    10  abuse and maltreatment may take or cause to be taken at  public  expense
    11  photographs  or,  if medically indicated, other technological or imaging
    12  scans including x-rays of the areas of trauma visible on a senior who is
    13  subject to a report. Any such photographs or scans taken shall  be  sent
    14  to  the  designated agency at the time the written report is sent, or as
    15  soon thereafter as possible. A person  required  to  report  under  this
    16  title  in  his  or her capacity as a member of the staff of a medical or
    17  other public or private institution, facility, or  agency,  shall  imme-
    18  diately notify the person in charge of such institution, school, facili-
    19  ty  or  agency,  or  the designated agent of such person, who shall then
    20  take or cause to be taken at public expense  color  photographs  or,  if
    21  medically  indicated,  other  technological  or  imaging scans including
    22  x-rays, of the senior.
    23    4. Except as otherwise provided in this chapter, written reports  from
    24  persons  or officials required by this title to report shall be admissi-
    25  ble in evidence in any proceedings relating to senior abuse or maltreat-
    26  ment.
    27    5. A person or official required to report suspected senior  abuse  or
    28  maltreatment who has reasonable cause to suspect that a senior died as a
    29  result of abuse or maltreatment shall report the fact to the appropriate
    30  medical  examiner  or  coroner.  The  medical  examiner or coroner shall
    31  accept the report for investigation and shall report his or her  finding
    32  to the police, the appropriate district attorney, the local service, the
    33  office,  and,  if  the  institution making the report is a hospital, the
    34  hospital.
    35    § 410. Immunity from liability. A  person,  official,  or  institution
    36  participating  in  good  faith in providing of services pursuant to this
    37  title, the making of a report, the taking of photographs, the removal or
    38  keeping of a senior pursuant to this title, or the disclosure of  infor-
    39  mation  in  compliance with this title and rules and regulations promul-
    40  gated thereunder, shall be immune from any liability, civil or criminal,
    41  that might otherwise result by reason of such actions. For  the  purpose
    42  of any proceeding, civil or criminal, the good faith of any such person,
    43  official,  or  institution  required  to report cases of senior abuse or
    44  maltreatment or providing a service pursuant  to  this  title  shall  be
    45  presumed,  provided  such  person, official or institution was acting in
    46  discharge of their duties and within the scope of their employment,  and
    47  that  such liability did not result from the willful misconduct or gross
    48  negligence of such person, official or institution.
    49    § 411. Penalties for failure to report. A person, official or institu-
    50  tion required by this title to report  a  case  of  suspected  abuse  or
    51  maltreatment of a senior who willfully fails to do so shall be guilty of
    52  a class A misdemeanor.
    53    Any person, official or institution required by this chapter to report
    54  a case of suspected senior abuse or maltreatment who knowingly and will-
    55  fully fails to do so shall be civilly liable for the damages proximately
    56  caused by such failure.

        A. 6555--A                         12
 
     1    §  412.  Annual  reports.  The director shall report prior to December
     2  fifteenth of each year on the operations of the registry and the various
     3  designated agencies. The report shall include a full statistical  analy-
     4  sis  of  the  reports made to the registry together with a report on the
     5  implementation  of  this  article, an evaluation of services offered and
     6  recommendations for additional legislation to fulfill  the  purposes  of
     7  this  article.  Such  report  shall  indicate  the  number  of abuse and
     8  maltreatment reports and cases received by the registry by  each  desig-
     9  nated  agency in the preceding year, the number of such cases determined
    10  to have been indicated and the number of such  cases  determined  to  be
    11  unfounded  by  each  district  in the preceding year, the number of such
    12  cases which have not been indicated or unfounded within the time  period
    13  required by this chapter by each designated agency in the preceding year
    14  and  the  number  of  workers  assigned  to the designated agency in the
    15  preceding year. The report shall also contain data on the protection  of
    16  seniors  in  residential  care  from  abuse  and maltreatment, including
    17  reports received, results of investigations by types of  facilities  and
    18  programs, types of corrective action taken, as well as efforts undertak-
    19  en by the office to provide training pursuant to this chapter.
 
    20                                   TITLE 2
    21          DUTIES AND RESPONSIBILITIES OF THE OFFICE AND THE COUNCIL
 
    22  Section 420. Duties and responsibilities of the office.
    23          421. Council on elder abuse; creation and powers.
    24          422. Cooperation of other agencies.
    25          423. Implementation.
    26          424. Senior  anti-violence  services responsibilities and organ-
    27                 ization.
    28          425. Duties of the SAVS unit.
    29          426. Local and regional fatality review teams.
    30          427. Grants for senior anti-violence projects.
    31    § 420. Duties and responsibilities of the office. The office shall:
    32    1. Encourage the fullest degree of reporting of suspected senior abuse
    33  or  maltreatment  by  conducting  continuing  publicity  and   education
    34  programs for persons and officials who are required to report as well as
    35  other appropriate persons.
    36    2.  Provide technical assistance on an ongoing basis, or as needed, or
    37  upon request to designated agencies regarding case  planning,  provision
    38  of  services, and performance or other responsibilities pursuant to this
    39  title.
    40    3. Develop protocols and issue guidelines to assist  designated  agen-
    41  cies in evaluating and establishing investigative priorities for reports
    42  describing  situations  or  events  which  may  pose a clear and present
    43  danger to the life, health or safety of a senior  and/or  which  require
    44  immediate,  personal  contact  between  the  designated  agency  and the
    45  subject of the report, the subject's family, or other persons  named  in
    46  the report.
    47    4.  Issue  guidelines to assist designated agencies in the interpreta-
    48  tion and assessment of reports of abuse and  maltreatment  made  to  the
    49  registry,  including  information,  standards and criteria for the iden-
    50  tification of  credible  evidence  of  alleged  abuse  and  maltreatment
    51  required to determine whether a report may be indicated.
    52    5.  Set  forth requirements for the performance by designated agencies
    53  of the duties  and  powers  imposed  and  conferred  upon  them  by  the
    54  provisions  of this title, including uniform requirements for the inves-

        A. 6555--A                         13
 
     1  tigation of reports of  abuse  or  maltreatment,  standards  for  inter-
     2  vention, criteria for case closings, criteria for determining whether to
     3  initiate  a  proceeding,  and  criteria for the formulation of treatment
     4  plans and for the delivery of services.
     5    6.  Set  forth  training requirements which shall specify, among other
     6  things, that all appropriate persons hired by a designated agency  shall
     7  have  satisfactorily  completed  within  the first three months of their
     8  employment a course approved by the office in the principles  and  tech-
     9  niques of investigations, relationships with other investigative bodies,
    10  legal  issues,  and  methods  of  remediation,  diagnosis, treatment and
    11  prevention.
    12    7. Take all reasonable and necessary actions to assure that the desig-
    13  nated agencies are kept apprised on a current basis of the  laws,  regu-
    14  lations and policies of the office concerning senior abuse and maltreat-
    15  ment.
    16    8. Monitor and supervise the performance of the local services.
    17    §  421. Council on elder abuse; creation and powers. 1. The council on
    18  elder abuse is hereby created whose  purpose  shall  be  to  advise  and
    19  consult with the director on the development of programs and initiatives
    20  to combat elder abuse as authorized or required by this title. The coun-
    21  cil shall have power by affirmative vote of a majority of its members to
    22  establish, and from time to time, amend and repeal rules and regulations
    23  required  to  be promulgated pursuant to this title, subject to approval
    24  by the director.
    25    2. The council shall consist  of  fifteen  persons  appointed  by  the
    26  governor  by and with the advice and consent of the senate. Four members
    27  shall be appointed on recommendation of the temporary president  of  the
    28  senate,  and  four on recommendation of the speaker of the assembly. The
    29  governor shall appoint a chairperson and a vice-chairperson as he or she
    30  deems appropriate.
    31    3. Membership on the  council  shall  reflect  the  diversity  of  the
    32  state's population including, but not limited to, the various geographic
    33  areas of the state. Each appointee shall at the time of appointment have
    34  had  at  least five years experience in the field of elder abuse, in law
    35  enforcement, the judicial system, the provision of  services,  medicine,
    36  advocacy,  or  other  similar  field that assures that the appointee has
    37  recognized expertise in the subject area.
    38    4. Each appointee shall serve a term of four years, provided  that  of
    39  members  first  appointed, eight shall serve for terms of two years, and
    40  the remainder for terms of four years, respectively, from January  first
    41  next  succeeding their appointment. Any vacancy occurring otherwise than
    42  by expiration of term shall be filled in the same manner as the original
    43  appointment for the balance of the unexpired term. Members of the  coun-
    44  cil  shall  continue  in office until their successors are appointed and
    45  shall have qualified.
    46    5. The council may employ either directly or by  contractual  arrange-
    47  ment  such  personnel  as it shall deem necessary for the performance of
    48  its functions, within amounts made available by appropriation  therefor.
    49  In  addition,  the  director,  on  his or her initiative and through the
    50  powers hereby provided him or her, may provide the council  with  up  to
    51  two loaned officers or employees from the office, along with such admin-
    52  istrative-secretarial support staff as shall be required, the duties and
    53  work  of whom are hereby declared to be an essential state purpose. Such
    54  loaned employees shall suffer no diminution  of  their  compensation  or
    55  benefits  as a result of such assignment, provided that no such transfer
    56  shall be made except with the approval of the director  of  the  budget,

        A. 6555--A                         14
 
     1  and  in  compliance  with the rules and regulations of the civil service
     2  commission of the state.
     3    6. Members shall receive no salary or other compensation, but shall be
     4  entitled  to reimbursement for actual and necessary expenses incurred in
     5  the performance of official duties. Any other provision of this  or  any
     6  other law to the contrary notwithstanding, no officer or employee of the
     7  state,  or  of  any  civil  division  thereof,  shall  be deemed to have
     8  forfeited or shall forfeit his or her office or employment or any  bene-
     9  fits  provided under the retirement and social security law by reason of
    10  acceptance of membership on the council on elder abuse, provided, howev-
    11  er, that a member who holds such other public office or employment shall
    12  be entitled to reimbursement for actual and necessary expenses  incurred
    13  in  the  performance  of  such  services but shall receive no additional
    14  compensation for services rendered pursuant to this section.
    15    7. Members may engage in private employment, or  in  a  profession  or
    16  business, subject to the limitations contained in sections seventy-three
    17  and  seventy-four of the public officers law. The council on elder abuse
    18  shall, for the purposes of sections seventy-three  and  seventy-four  of
    19  the public officers law, be a "state agency," and its directors shall be
    20  "officers" of the authority for the purposes of such sections.
    21    8.  Eight  members  of  the  council on elder abuse shall constitute a
    22  quorum for transaction of business or the exercise of any power  of  the
    23  council,  and  the  council  shall  have power to act by majority of the
    24  members present at any meeting at which a quorum is in attendance. Noth-
    25  ing contained in this title shall prevent the  members  from  conducting
    26  its  meetings  by  tele-video or teleconference, or by telephone confer-
    27  ence, provided that a quorum shall be physically present.
    28    9. The council shall meet at least four times  each  year,  and  addi-
    29  tionally as frequently as its business may require.
    30    10. The council shall enact and from time to time may amend by-laws in
    31  relation to its meetings and the transaction of its business.
    32    11.  No  civil action shall be brought in any court against any member
    33  of the council for any act done, failure to act, or statement or opinion
    34  made, while discharging duties as a member of the council, and no member
    35  shall be liable for damages in any action if the member shall have acted
    36  in good faith, with reasonable care and upon probable cause.
    37    12. The director shall consult with the council on any matter required
    38  by this title relating to elder abuse, and the  council  shall  consider
    39  any such matter and advise the director thereon. The director shall take
    40  no action required by this title without first consulting with the coun-
    41  cil, provided however that the council's failure to respond within thir-
    42  ty  business  days to any such request for advice and consultation shall
    43  not be deemed an impairment of the director's power, ability, or respon-
    44  sibility to implement provisions of this title.  The  council  may  from
    45  time  to time submit to the director, the governor, and the legislature,
    46  any recommendations it may have relating to elder abuse.
    47    § 422. Cooperation of other agencies. 1. The office and the office  of
    48  children  and  family services are herewith empowered to and shall enter
    49  into a memorandum of understanding to execute the purposes and intent of
    50  this article. Such  memorandum  of  understanding  shall  establish  the
    51  office,  designated  agencies, and "SAVS units" (as described in section
    52  four hundred twenty-four of this title) as the lead agencies for  inves-
    53  tigation  of  abuse and maltreatment of seniors, shall assure that adult
    54  protective services units are an integral part  of  the  local  services
    55  teams,  shall assure appropriate sharing of information, and insure that
    56  appropriate amendments are made to local services plans.

        A. 6555--A                         15
 
     1    2. To effectuate the purposes of this title, the director may  request
     2  and  shall  receive  from offices, boards, bureaus, or other agencies of
     3  the state, or any of its political subdivisions, or any duly  authorized
     4  agency,  or  any other agency providing services to seniors such assist-
     5  ance  and  data  as  will  enable  the office and designated agencies to
     6  fulfill their responsibilities.
     7    3. In relation to an investigation of a report of abuse  or  maltreat-
     8  ment  involving a senior in residential care, such data may include, but
     9  need not be limited to, the case records of the senior who allegedly was
    10  abused or maltreated and any other senior who  allegedly  witnessed  the
    11  abuse  or  maltreatment  and,  consistent  with  appropriate  collective
    12  bargaining agreements and applicable provisions  of  the  civil  service
    13  law,  those  portions  of  the  employment  record of the subject of the
    14  report considered by the subject's employer to be relevant  and  reason-
    15  ably related to the allegations being investigated by the office.
    16    § 423. Implementation. The director, after consultation with the coun-
    17  cil,  shall  establish timelines for completing the requirements of this
    18  title, as follows:
    19    1. Within one year of the effective date of this title,  the  director
    20  shall:
    21    (a)  Establish  planning  protocols for establishment of the statewide
    22  central registry for abuse and neglect;
    23    (b) Establish a training regime for designated agencies and  teams  of
    24  local services;
    25    (c Establish investigatory protocols for designated agencies and teams
    26  of local services;
    27    (d)  Establish  a website to convey information about senior abuse and
    28  maltreatment, and the provisions of this title; and
    29    (e) Complete agreements as necessary  or  required  pursuant  to  this
    30  title with other state, local, and federal agencies regarding the imple-
    31  mentation of the provisions of this title.
    32    2.  Within  eighteen  months  of the effective date of this title, the
    33  director shall:
    34    (a) Promulgate regulations concerning persons who shall have access to
    35  information and data contained in the registry, and the  confidentiality
    36  requirements governing such access.
    37    (b)  Promulgate  regulations  concerning sharing of information, data,
    38  and reports to the registry for investigatory purposes.
    39    (c) Complete training  of  designated  agencies  and  teams  of  local
    40  services in at least fifty percent of the counties of the state.
    41    3.  Within two years of the effective date of this title, the director
    42  shall:
    43    (a) Establish the statewide central registry for abuse and neglect.
    44    (b) Complete training of the designated agencies and  teams  of  local
    45  services.
    46    §  424.  Senior  anti-violence services responsibilities and organiza-
    47  tion.  1. Every designated agency shall establish a senior anti-violence
    48  service (SAVS) unit within such agency. The service shall perform  those
    49  functions  assigned  by  this  title  to  it and others that further the
    50  purposes of this title.
    51    2. Every designated agency shall provide to the SAVS unit any informa-
    52  tion available to it or in its  possession  which  is  relevant  to  the
    53  investigation of a report of abuse or maltreatment of a senior or to the
    54  provision  of services, where the confidentiality of such information is
    55  not expressly protected by law.

        A. 6555--A                         16
 
     1    3. The SAVS unit shall have a sufficient staff of persons with  suffi-
     2  cient qualifications to fulfill the purposes of this title, organized so
     3  as  to  maximize  the  continuity of responsibility, care and service to
     4  seniors.  A designated agency shall have flexibility in assigning  staff
     5  to the SAVS unit provided that such staff has the qualifications and has
     6  received the training required by the office.
     7    4.  Consistent  with  appropriate collective bargaining agreements and
     8  applicable provisions of the civil service law, every  SAVS  unit  shall
     9  establish  a  procedure  to  review  and evaluate the backgrounds of and
    10  information supplied by applicants  for  employment.    Such  procedures
    11  shall  include but not be limited to requirements that the applicant set
    12  forth his or her employment history,  provide  personal  and  employment
    13  references  and  relevant  experiential and educational information, and
    14  sign a sworn statement indicating whether the applicant, to the best  of
    15  his  or  her knowledge, has ever been convicted of a crime in this state
    16  or any other jurisdiction.
    17    5. Any other provision of any other law to the contrary  notwithstand-
    18  ing,  the  SAVS  unit shall be the lead entity responsible for receiving
    19  and investigating reports of abuse or maltreatment of  seniors  and  for
    20  coordinating  services to such seniors.  It may purchase and utilize the
    21  services of any appropriate public or voluntary agency in  providing  or
    22  arranging for such services.  Services purchased by the SAVS unit pursu-
    23  ant to this title shall be reimbursed by the state to the locality.
    24    6.  Each designated agency shall submit to the director, after consul-
    25  tation with local law enforcement agencies, the family court and  appro-
    26  priate   public  voluntary  agencies  and  after  a  public  hearing,  a
    27  district-wide senior anti-violence enforcement plan,  as  prescribed  by
    28  the  director  which  shall  describe  the  implementation of this title
    29  including the organization, staffing, mode of operations  and  financing
    30  of  the SAVS unit as well as the provisions made for purchase of service
    31  and inter-agency relations.  Each designated agency  shall  prepare  and
    32  submit  annual  implementation  reports including information related to
    33  its SAVS unit to the office for its review and approval.
    34    7. A SAVS unit shall establish a multidisciplinary investigative  team
    35  or  teams for the purpose of investigating reports of suspected abuse or
    36  maltreatment of seniors.  Such multidisciplinary investigative team  may
    37  include,  but  is not limited to, representatives from the adult protec-
    38  tive service, office of the district attorney or local law  enforcement,
    39  the  medical profession, public health agencies, mental health agencies,
    40  medical facilities, including hospitals or other appropriate agencies or
    41  institutions and personnel of any existing senior  advocacy  or  service
    42  centers.  Notwithstanding  any  other  provision of law to the contrary,
    43  members of a multidisciplinary investigative team may share  with  other
    44  team  members  client-identifiable  information concerning the senior or
    45  senior's family to facilitate the investigation of  suspected  abuse  or
    46  maltreatment.  Nothing herein shall preclude the creation of multidisci-
    47  plinary teams which include more than one designated agency.  Each  team
    48  shall  develop  a  written  protocol  for investigation of abuse and for
    49  interviewing abuse and maltreatment victims.
    50    8. A SAVS unit shall plan with other  public,  private  and  voluntary
    51  agencies  including  but  not  limited  to health, mental health, aging,
    52  legal and law enforcement agencies, for the purpose of assuring  maximum
    53  local   understanding,   coordination  and  cooperative  action  in  the
    54  provision of appropriate services.
    55    § 425. Duties of the SAVS unit. 1. A SAVS  unit  shall  receive  on  a
    56  twenty-four  hour, seven day a week basis all reports of suspected abuse

        A. 6555--A                         17
 
     1  or maltreatment of a senior in accordance with  this  title,  the  local
     2  plan  and  the  regulations of the director, and shall maintain and keep
     3  up-to-date a registry of all cases reported under  this  title  together
     4  with  any  additional  information  obtained  and  a record of the final
     5  disposition of the report, including services offered and accepted.
     6    2. Upon receipt of a written report, the SAVS unit  shall  transmit  a
     7  copy  to  the state registry, and within seven days after receipt of the
     8  initial report, shall send a preliminary written report of  the  initial
     9  investigation,  including  evaluation and actions taken or contemplated,
    10  to the registry. Follow-up reports shall be made  at  regular  intervals
    11  thereafter in a manner and form prescribed by the director by regulation
    12  to the end that the state registry is kept fully informed and up-to-date
    13  concerning the handling of reports.
    14    3.  A  SAVS unit shall give telephone notice and forward immediately a
    15  copy of reports made pursuant to this title which involve the death of a
    16  senior to the appropriate  district  attorney.  In  addition,  telephone
    17  notice  shall be given and a copy of any or all reports made pursuant to
    18  this title shall be forwarded immediately to  the  appropriate  district
    19  attorney  if  a  prior request in writing for such notice and copies has
    20  been made to the unit by the district  attorney,  and  if  the  director
    21  shall  approve.  Such  request  shall  specify  the kinds of allegations
    22  concerning which the district attorney requires such notice  and  copies
    23  and shall provide a copy of the relevant provisions of law.
    24    4.  Upon  receipt  of a report, the SAVS unit shall within twenty-four
    25  hours commence an investigation of the risk for the senior to remain  in
    26  the  existing  environment,  a  determination  of the nature, extent and
    27  cause of any condition enumerated in the report, and,  after  seeing  to
    28  the  safety  of  the senior, notify the subjects of the report and other
    29  persons named in the report in writing of the existence  of  the  report
    30  and  each person's respective rights pursuant to this title in regard to
    31  amendment.
    32    5. The SAVS unit shall  determine,  within  sixty  days,  whether  the
    33  report is "indicated" or "unfounded".
    34    6. The unit shall refer any suspected cases of falsely reporting abuse
    35  and  maltreatment  of a senior to the appropriate law enforcement agency
    36  or district attorney.
    37    7. The SAVS unit shall take appropriate action  to  protect  a  senior
    38  from  further  abuse  or  maltreatment,  including  offering appropriate
    39  services and in cases in which an offer of service is  refused  and  the
    40  SAVS unit determines that the best interests of the senior require court
    41  action,  initiate  the  appropriate proceeding or make a referral to the
    42  appropriate district attorney, or both.
    43    8. Any designated agency or SAVS unit official authorized or  required
    44  to determine the need for and/or provide or arrange for the provision of
    45  services  to  seniors  in  accordance  with the provisions of this title
    46  shall have immunity from any civil liability that might otherwise result
    47  by reason of providing such services, provided such official was  acting
    48  within  the scope of employment and in the discharge of official duties,
    49  and that such liability did not result from the  willful  act  or  gross
    50  negligence of such official or his or her designee.
    51    9.  When  a SAVS official shall have reason to believe that a criminal
    52  offense has been committed against a senior who  has  become  an  abused
    53  senior,  the  official  shall report this information to the appropriate
    54  police or sheriff's department and the district attorney's  office  when
    55  such office has requested such information be reported by a local social
    56  services official or his or her designee.

        A. 6555--A                         18
 
     1    §  426. Local and regional fatality review teams. 1. A fatality review
     2  team may be established at a local or regional level, with the  approval
     3  of  the office, for the purpose of investigating the death of any senior
     4  in the case of a report made to the registry. Notwithstanding any  other
     5  provision  of  law  to  the  contrary  and to the extent consistent with
     6  federal law, such local or regional  fatality  review  team  shall  have
     7  access  to  those client-identifiable records necessary for the prepara-
     8  tion of the report, as authorized in accordance with this title.
     9    2. A local or regional fatality review  team  must  include  represen-
    10  tatives  from  the local service, the office, the office of the district
    11  attorney or local law enforcement, office of  the  medical  examiner  or
    12  coroner,  and a physician or comparable medical professional. A local or
    13  regional fatality review team  may  also  include  representatives  from
    14  public  health agencies, mental health agencies, and medical facilities,
    15  including hospitals or other appropriate agencies or institutions.
    16    § 427. Grants for senior anti-violence projects. The  director  shall,
    17  within  amounts  appropriated  therefor  from  the  senior anti-violence
    18  services account established pursuant to  section  ninety-seven-llll  of
    19  the  state finance law, provide grants to local governments and not-for-
    20  profit organizations to:
    21    1. Improve research, data collection,  and  reporting  on  elder/adult
    22  abuse.
    23    2. Implement research and program innovation.
    24    3. Public education.
    25    4. Development of intergovernmental and public-private partnerships to
    26  combat elder abuse.
    27    5.  Research into delivery systems and barriers to access the services
    28  system, data collection and reporting.
    29    6. Protection of victims.
    30    7. Development of  best  and  innovative  practices  in  carrying  out
    31  services.
    32    8.  Review  of  policies  in  order  to better coordinate preventions,
    33  interventions (including prosecution), services and victims'  assistance
    34  for abused, exploited, and neglected elders.
    35    9.  Development  of  a  broad-based,  multidisciplinary  task force or
    36  coalition to examine systemic approaches to responding to elder abuse.
    37    10. Development and implementation  of  a  multidisciplinary  research
    38  agenda to sustain, advance and assess professional training and practice
    39  on adult or elder abuse.
    40    11.  Provide  specialized training to components of the justice system
    41  is essential to better identify cases, improve investigations,  increase
    42  prosecutions,  better serve victims, establish interdisciplinary coordi-
    43  nation, and promote elder abuse and neglect prevention programs.
    44    § 3.  The section heading and subdivision 1 of section  60.35  of  the
    45  penal  law,  as amended by section 1 of part E of chapter 56 of the laws
    46  of 2004, subparagraphs (i), (ii) and (iii) of paragraph (a) of  subdivi-
    47  sion  1  as amended by section 1 of part DD of chapter 56 of the laws of
    48  2008 and paragraph (b) of subdivision 1 as amended by chapter 320 of the
    49  laws of 2006, are amended to read as follows:
    50    Mandatory surcharge, sex offender registration fee, DNA databank  fee,
    51  supplemental  sex offender victim fee [and], crime victim assistance and
    52  a senior anti-violence services fee required in certain cases.
    53    1. (a) Except as provided in section  eighteen  hundred  nine  of  the
    54  vehicle  and  traffic law and section 27.12 of the parks, recreation and
    55  historic preservation law, whenever  proceedings  in  an  administrative
    56  tribunal or a court of this state result in a conviction for a felony, a

        A. 6555--A                         19
 
     1  misdemeanor, or a violation, as these terms are defined in section 10.00
     2  of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
     3  surcharge, sex offender registration fee,  DNA  databank  fee  [and],  a
     4  crime  victim  assistance fee and a senior anti-violence services fee in
     5  addition to any sentence required or permitted  by  law,  in  accordance
     6  with the following schedule:
     7    (i)  a person convicted of a felony shall pay a mandatory surcharge of
     8  three hundred dollars [and], a crime victim assistance  fee  of  twenty-
     9  five dollars, and a senior anti-violence services fee of fifty dollars;
    10    (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
    11  surcharge of one hundred seventy-five  dollars  [and],  a  crime  victim
    12  assistance  fee  of  twenty-five  dollars,  and  a  senior anti-violence
    13  services fee of fifty dollars;
    14    (iii) a  person  convicted  of  a  violation  shall  pay  a  mandatory
    15  surcharge of ninety-five dollars [and], a crime victim assistance fee of
    16  twenty-five  dollars,  and  a senior anti-violence services fee of fifty
    17  dollars;
    18    (iv) a person convicted of a sex offense as defined by subdivision two
    19  of section one hundred sixty-eight-a of the correction law or a sexually
    20  violent offense as defined by subdivision three of section  one  hundred
    21  sixty-eight-a  of  the  correction law shall, in addition to a mandatory
    22  surcharge and crime victim assistance fee, pay a sex offender  registra-
    23  tion fee of fifty dollars[.], and a senior anti-violence services fee of
    24  fifty dollars;
    25    (v)  a person convicted of a designated offense as defined by subdivi-
    26  sion seven of section nine hundred  ninety-five  of  the  executive  law
    27  shall,  in addition to a mandatory surcharge and crime victim assistance
    28  fee, pay a DNA databank fee of fifty dollars, and a senior anti-violence
    29  services fee of fifty dollars.
    30    (b) When the  felony  or  misdemeanor  conviction  in  [subparagraphs]
    31  subparagraph  (i),  (ii)  or  (iv)  of paragraph (a) of this subdivision
    32  results from an offense contained in article one hundred thirty of  this
    33  chapter,  incest  in  the  third,  second  or first degree as defined in
    34  sections 255.25, 255.26  and  255.27  of  this  chapter  or  an  offense
    35  contained in article two hundred sixty-three of this chapter, the person
    36  convicted  shall pay a supplemental sex offender victim fee of one thou-
    37  sand dollars, and a senior anti-violence services fee  of  five  hundred
    38  dollars, in addition to the mandatory surcharge and any other fee.
    39    §  4. The state finance law is amended by adding a new section 97-llll
    40  to read as follows:
    41    § 97-llll. Senior anti-violence services account. 1. There  is  hereby
    42  established  in  the  joint  custody  of  the  state comptroller and the
    43  commissioner of the department of taxation and finance a special revenue
    44  fund to be known as the "senior anti-violence services account".
    45    2. The senior anti-violence services account shall  consist  of  those
    46  monies  received by the state pursuant to section 60.35 of the penal law
    47  and monies received by the state pursuant to  section  eighteen  hundred
    48  nine  of the vehicle and traffic law from any court of the unified court
    49  system other than town or village courts  and  all  other  fees,  fines,
    50  grants,  bequests  or other monies credited, appropriated or transferred
    51  thereto from any other fund or source.
    52    3. Monies of the  senior  anti-violence  services  account,  following
    53  appropriation  by  the legislature and allocation by the director of the
    54  budget shall  be  made  available  for  local  assistance  services  and
    55  expenses  of  programs  to provide senior anti-violence services through

        A. 6555--A                         20
 
     1  the state office for the aging, as administered pursuant  to  the  elder
     2  law.
     3    §  5. Section 1809 of the vehicle and traffic law, as amended by chap-
     4  ter 55 of the laws of 1992, subdivision 1 as amended  by  section  2  of
     5  part  DD  of  chapter  56 of the laws of 2008, the opening paragraph and
     6  paragraph (c) of subdivision 1 as separately amended  by  section  3  of
     7  chapter  43  and  section  10 of chapters 99, 101 and 123 of the laws of
     8  2014, subdivision 2 as amended by section 6 of part C of chapter  55  of
     9  the laws of 2013, subdivision 3 as amended by chapter 309 of the laws of
    10  1996,  subdivision  5  as  amended  by  chapter 385 of the laws of 1999,
    11  subdivision 8 as amended by section 13 of part B of chapter  55  of  the
    12  laws  of  2015,  subdivision  9 as amended by chapter 452 of the laws of
    13  1999 and subdivision 10 as added by section 3 of part F of chapter 56 of
    14  the laws of 2004, is amended to read as follows:
    15    § 1809. Mandatory surcharge and crime victim assistance  fee  required
    16  in certain cases.  1. Whenever proceedings in an administrative tribunal
    17  or  a  court  of  this state result in a conviction for an offense under
    18  this chapter or a traffic infraction under this chapter, or a local law,
    19  ordinance, rule or regulation adopted pursuant to  this  chapter,  other
    20  than  a  traffic  infraction involving standing, stopping, or parking or
    21  violations by pedestrians or bicyclists, or other than  an  adjudication
    22  of  liability  of an owner for a violation of subdivision (d) of section
    23  eleven hundred eleven of this chapter in accordance with section  eleven
    24  hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
    25  liability of an owner for a violation  of  subdivision  (d)  of  section
    26  eleven  hundred eleven of this chapter in accordance with section eleven
    27  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
    28  accordance  with  section  eleven hundred eleven-c of this chapter for a
    29  violation of a bus lane restriction as defined in such section, or other
    30  than an adjudication of liability of an owner for a violation of  subdi-
    31  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    32  ance with section eleven hundred eleven-d of this chapter, or other than
    33  an adjudication of liability of an owner for a violation of  subdivision
    34  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    35  ter  in accordance with section eleven hundred eighty-b of this chapter,
    36  or other than an adjudication of liability of an owner for  a  violation
    37  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    38  eighty of this chapter in accordance with section eleven hundred  eight-
    39  y-c  of  this  chapter,  there shall be levied a crime victim assistance
    40  fee, a senior anti-violence services fee of five dollars and a mandatory
    41  surcharge, in addition to any sentence required or permitted by law,  in
    42  accordance with the following schedule:
    43    (a)  Whenever  proceedings in an administrative tribunal or a court of
    44  this state result in a conviction for a traffic infraction  pursuant  to
    45  article  nine  of  this  chapter,  there  shall be levied a crime victim
    46  assistance fee in the amount of five  dollars,  a  senior  anti-violence
    47  services  fee  of five dollars and a mandatory surcharge, in addition to
    48  any sentence required or permitted by law, in the amount of  twenty-five
    49  dollars.
    50    (b)  Whenever  proceedings in an administrative tribunal or a court of
    51  this state result in a conviction for a misdemeanor or  felony  pursuant
    52  to  section  eleven  hundred  ninety-two of this chapter, there shall be
    53  levied, in addition to any sentence required  or  permitted  by  law,  a
    54  crime  victim  assistance  fee  in  the amount of twenty-five dollars, a
    55  senior anti-violence services  fee  of  five  dollars  and  a  mandatory
    56  surcharge in accordance with the following schedule:

        A. 6555--A                         21
 
     1    (i)  a person convicted of a felony shall pay a mandatory surcharge of
     2  three hundred dollars;
     3    (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
     4  surcharge of one hundred seventy-five dollars.
     5    (c) Whenever proceedings in an administrative tribunal or a  court  of
     6  this  state  result  in  a  conviction for an offense under this chapter
     7  other than a crime pursuant to section eleven hundred ninety-two of this
     8  chapter, or a traffic infraction under this chapter,  or  a  local  law,
     9  ordinance,  rule  or  regulation adopted pursuant to this chapter, other
    10  than a traffic infraction involving standing, stopping,  or  parking  or
    11  violations  by  pedestrians or bicyclists, or other than an adjudication
    12  of liability of an owner for a violation of subdivision (d)  of  section
    13  eleven  hundred eleven of this chapter in accordance with section eleven
    14  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
    15  liability  of  an  owner  for  a violation of subdivision (d) of section
    16  eleven hundred eleven of this chapter in accordance with section  eleven
    17  hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
    18  liability of an owner for a violation  of  subdivision  (d)  of  section
    19  eleven  hundred eleven of this chapter in accordance with section eleven
    20  hundred eleven-d of this chapter, or other than an  infraction  pursuant
    21  to article nine of this chapter or other than an adjudication of liabil-
    22  ity  of an owner for a violation of toll collection regulations pursuant
    23  to section two thousand nine hundred eighty-five of the public  authori-
    24  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    25  hundred seventy-four of the laws of nineteen hundred fifty or other than
    26  an  adjudication  in  accordance with section eleven hundred eleven-c of
    27  this chapter for a violation of a bus lane  restriction  as  defined  in
    28  such section, or other than an adjudication of liability of an owner for
    29  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    30  hundred eighty of this chapter in accordance with section eleven hundred
    31  eighty-b of this chapter, or other than an adjudication of liability  of
    32  an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
    33  section eleven hundred eighty of this chapter in accordance with section
    34  eleven hundred eighty-c of this chapter, there shall be levied  a  crime
    35  victim  assistance fee in the amount of five dollars, a senior anti-vio-
    36  lence services fee of five dollars and a mandatory surcharge,  in  addi-
    37  tion  to  any  sentence  required  or permitted by law, in the amount of
    38  fifty-five dollars.
    39    2. Where a person is convicted of two or more such crimes  or  traffic
    40  infractions  committed  through  a single act or omission, or through an
    41  act or omission which in itself constituted one of the crimes or traffic
    42  infractions and also was a material element of the other, the  court  or
    43  administrative tribunal shall impose a crime victim assistance fee and a
    44  mandatory surcharge mandated by subdivision one of this section for each
    45  such  conviction;  provided  however,  that  in no event shall the total
    46  amount of such crime victim assistance  fees  and  mandatory  surcharges
    47  imposed  pursuant  to  paragraph  (a)  or (c) of subdivision one of this
    48  section exceed one hundred ninety-six dollars.
    49    3. The mandatory surcharge provided for in  subdivision  one  of  this
    50  section shall be paid to the clerk of the court or administrative tribu-
    51  nal that rendered the conviction. Within the first ten days of the month
    52  following collection of the mandatory surcharge the collecting authority
    53  shall  determine  the amount of mandatory surcharge collected and, if it
    54  is an administrative tribunal or a town or  village  justice  court,  it
    55  shall  pay  such  money  to the state comptroller who shall deposit such
    56  money in the state treasury pursuant to section one  hundred  twenty-one

        A. 6555--A                         22
 
     1  of  the  state  finance  law to the credit of the general fund.  If such
     2  collecting authority is any other court of the unified court system,  it
     3  shall,  within  such period, pay such money to the state commissioner of
     4  taxation  and  finance to the credit of the criminal justice improvement
     5  account established by section ninety-seven-bb of the state finance law,
     6  or in the case of the senior anti-violence services fee, to  the  credit
     7  of  the  senior  anti-violence  services account established pursuant to
     8  section ninety-seven-llll of the state finance law.   The  crime  victim
     9  assistance  fee provided for in subdivision one of this section shall be
    10  paid to the clerk of the court or administrative tribunal that  rendered
    11  the  conviction.  Within  the  first  ten  days  of  the month following
    12  collection of the crime victim assistance fee and the  senior  anti-vio-
    13  lence  services fee, the collecting authority shall determine the amount
    14  of crime victim assistance fee and the senior anti-violence services fee
    15  collected and, if it is an administrative tribunal or a town or  village
    16  justice  court,  it  shall  pay  such money to the state comptroller who
    17  shall deposit such money in the state treasury pursuant to  section  one
    18  hundred  twenty-one of the state finance law to the credit of the crimi-
    19  nal justice improvement account established by  section  ninety-seven-bb
    20  of  the  state  finance  law, or in the case of the senior anti-violence
    21  services fee, to the credit of the senior anti-violence services account
    22  established pursuant to section ninety-seven-llll of the  state  finance
    23  law.
    24    4.  Any  person  who  has  paid  a mandatory surcharge or crime victim
    25  assistance fee or a senior anti-violence services fee under the authori-
    26  ty of this section which is ultimately determined not to be required  by
    27  this  section  shall be entitled to a refund of such mandatory surcharge
    28  or crime victim assistance fee or senior anti-violence services fee upon
    29  application to  the  state  comptroller.  The  state  comptroller  shall
    30  require  such  proof  as it is necessary in order to determine whether a
    31  refund is required by law.
    32    5. When a person who is convicted of a crime or traffic infraction and
    33  sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
    34  surcharge  or  crime  victim  assistance fee or the senior anti-violence
    35  services fee required by this section, the clerk of  the  court  or  the
    36  administrative  tribunal  that  rendered the conviction shall notify the
    37  superintendent or the municipal  official  of  the  facility  where  the
    38  person  is  confined. The superintendent or the municipal official shall
    39  cause any amount owing to be collected from such person during his  term
    40  of  imprisonment  from  moneys to the credit of an inmates' fund or such
    41  moneys as may be earned by a person in a work release  program  pursuant
    42  to  section eight hundred sixty of the correction law. Such moneys shall
    43  be paid over to the state comptroller to  the  credit  of  the  criminal
    44  justice  improvement  account  established by section ninety-seven-bb of
    45  the state finance law, or  in  the  case  of  the  senior  anti-violence
    46  services fee, to the credit of the senior anti-violence services account
    47  established  pursuant  to section ninety-seven-llll of the state finance
    48  law, except that any such moneys collected which are surcharges or crime
    49  victim assistance fees or senior anti-violence services fees  levied  in
    50  relation  to  convictions  obtained  in  a town or village justice court
    51  shall be paid within thirty days after the receipt thereof by the super-
    52  intendent or municipal official of the facility to the  justice  of  the
    53  court in which the conviction was obtained. For the purposes of collect-
    54  ing  such mandatory surcharge or crime victim assistance [fee] or senior
    55  anti-violence services fees, the state shall be legally entitled to  the
    56  money  to  the credit of an inmates' fund or money which is earned by an

        A. 6555--A                         23
 
     1  inmate in a work release program. For purposes of this subdivision,  the
     2  term "inmates' fund" shall mean moneys in the possession of an inmate at
     3  the  time  of  his  admission into such facility, funds earned by him as
     4  provided  for  in section one hundred eighty-seven of the correction law
     5  and any other funds received by him or on his behalf and deposited  with
     6  such superintendent or municipal official.
     7    5-a. The provisions of subdivision four-a of section five hundred ten,
     8  subdivision three of section five hundred fourteen and subdivision three
     9  of  section  two  hundred twenty-seven of this chapter governing actions
    10  which may be taken for failure to pay a fine or penalty shall be  appli-
    11  cable  to a mandatory surcharge or crime victim assistance fee or senior
    12  anti-violence services fee imposed pursuant to this section.
    13    6. Notwithstanding any other provision of this section, where a person
    14  has made restitution or reparation pursuant  to  section  60.27  of  the
    15  penal  law,  such  person  shall  not  be  required  to  pay a mandatory
    16  surcharge  or  crime  victim  assistance  fee  or  senior  anti-violence
    17  services fee.
    18    7. Notwithstanding any other provision of this section, where a manda-
    19  tory  surcharge  or  crime victim assistance fee or senior anti-violence
    20  services fee is imposed pursuant to the provisions of section  60.35  of
    21  the  penal law, no mandatory surcharge or crime victim assistance fee or
    22  senior anti-violence services fee  shall  be  imposed  pursuant  to  the
    23  provisions of this section.
    24    8. The provisions of this section shall only apply to offenses commit-
    25  ted on or before September first, two thousand seventeen.
    26    9.  Notwithstanding the provisions of subdivision one of this section,
    27  in the event a proceeding is in a town or village court, the court shall
    28  add an additional five dollars to the surcharges imposed by such  subdi-
    29  vision one of this section.
    30    10.  For  the  purposes of this section, the term conviction means and
    31  includes the conviction of a felony or a misdemeanor for which a  youth-
    32  ful offender finding was substituted and upon such a finding there shall
    33  be levied a mandatory surcharge and a crime victim assistance fee to the
    34  same  extent  and in the same manner and amount provided by this section
    35  for conviction of the felony or misdemeanor, as the  case  may  be,  for
    36  which such youthful offender finding was substituted.
    37    §  6. Subdivision 1 of section 1809 of the vehicle and traffic law, as
    38  separately amended by section 3-a of chapter  43  and  section  10-a  of
    39  chapters  99,  101  and  123  of the laws of 2014, is amended to read as
    40  follows:
    41    1. Whenever proceedings in an administrative tribunal or  a  court  of
    42  this  state  result  in a conviction for a crime under this chapter or a
    43  traffic infraction under this chapter, or a local law,  ordinance,  rule
    44  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    45  infraction involving standing, stopping, parking or motor vehicle equip-
    46  ment or violations by pedestrians or bicyclists, or other than an  adju-
    47  dication  of liability of an owner for a violation of subdivision (d) of
    48  section eleven hundred eleven of this chapter in accordance with section
    49  eleven hundred eleven-a of this chapter, or other than  an  adjudication
    50  of  liability  of an owner for a violation of subdivision (d) of section
    51  eleven hundred eleven of this chapter in accordance with section  eleven
    52  hundred  eleven-b  of  this  chapter,  or  other than an adjudication in
    53  accordance with section eleven hundred eleven-c of this  chapter  for  a
    54  violation of a bus lane restriction as defined in such section, or other
    55  than  an adjudication of liability of an owner for a violation of subdi-
    56  vision (d) of section eleven hundred eleven of this chapter  in  accord-

        A. 6555--A                         24
 
     1  ance with section eleven hundred eleven-d of this chapter, or other than
     2  an  adjudication of liability of an owner for a violation of subdivision
     3  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
     4  ter  in accordance with section eleven hundred eighty-b of this chapter,
     5  or other than an adjudication of liability of an owner for  a  violation
     6  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
     7  eighty of this chapter in accordance with section eleven hundred  eight-
     8  y-c  of  this  chapter,  there shall be levied a mandatory surcharge, in
     9  addition to any sentence required or permitted by law, in the amount  of
    10  twenty-five  dollars  and a senior anti-violence services fee of twenty-
    11  five dollars.
    12    § 7. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
    13  separately  amended  by  section  3-b  of chapter 43 and section 10-b of
    14  chapters 99, 101 and 123 of the laws of 2014,  is  amended  to  read  as
    15  follows:
    16    1.  Whenever  proceedings  in an administrative tribunal or a court of
    17  this state result in a conviction for a crime under this  chapter  or  a
    18  traffic  infraction  under  this chapter other than a traffic infraction
    19  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    20  violations  by  pedestrians or bicyclists, or other than an adjudication
    21  in accordance with section eleven hundred eleven-c of this chapter for a
    22  violation of a bus lane restriction as defined in such section, or other
    23  than an adjudication of liability of an owner for a violation of  subdi-
    24  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    25  ance with section eleven hundred eleven-d of this chapter, or other than
    26  an adjudication of liability of an owner for a violation of  subdivision
    27  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    28  ter  in accordance with section eleven hundred eighty-b of this chapter,
    29  or other than an adjudication of liability of an owner for  a  violation
    30  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    31  eighty of this chapter in accordance with section eleven hundred  eight-
    32  y-c  of  this  chapter,  there shall be levied a mandatory surcharge, in
    33  addition to any sentence required or permitted by law, in the amount  of
    34  seventeen  dollars,  and  a senior anti-violence services fee of twenty-
    35  five dollars.
    36    § 8. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
    37  separately  amended  by  section  3-c  of chapter 43 and section 10-c of
    38  chapters 99, 101 and 123 of the laws of 2014,  is  amended  to  read  as
    39  follows:
    40    1.  Whenever  proceedings  in an administrative tribunal or a court of
    41  this state result in a conviction for a crime under this  chapter  or  a
    42  traffic  infraction  under  this chapter other than a traffic infraction
    43  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    44  violations  by  pedestrians or bicyclists, or other than an adjudication
    45  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    46  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    47  ance with section eleven hundred eighty-b of this chapter, or other than
    48  an adjudication of liability of an owner for a violation of  subdivision
    49  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    50  ter  in accordance with section eleven hundred eighty-c of this chapter,
    51  or other than an adjudication of liability of an owner for  a  violation
    52  of  subdivision  (d) of section eleven hundred eleven of this chapter in
    53  accordance with section eleven hundred eleven-d of this  chapter,  there
    54  shall  be  levied  a  mandatory  surcharge,  in addition to any sentence
    55  required or permitted by law, in the amount of seventeen dollars, and  a
    56  senior anti-violence services fee of twenty-five dollars.

        A. 6555--A                         25
 
     1    §  9. Subdivision 1 of section 1809 of the vehicle and traffic law, as
     2  separately amended by section 3-d of chapter  43  and  section  10-d  of
     3  chapters  99,  101  and  123  of the laws of 2014, is amended to read as
     4  follows:
     5    1.  Whenever  proceedings  in an administrative tribunal or a court of
     6  this state result in a conviction for a crime under this  chapter  or  a
     7  traffic  infraction  under  this chapter other than a traffic infraction
     8  involving standing, stopping, parking  or  motor  vehicle  equipment  or
     9  violations  by  pedestrians or bicyclists, or other than an adjudication
    10  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    11  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    12  ance with section eleven hundred eighty-c of this chapter, or other than
    13  an adjudication of liability of an owner for a violation of  subdivision
    14  (d)  of section eleven hundred eleven of this chapter in accordance with
    15  section eleven hundred eleven-d of this chapter, there shall be levied a
    16  mandatory surcharge, in addition to any sentence required  or  permitted
    17  by  law,  in the amount of seventeen dollars, and a senior anti-violence
    18  services fee of twenty-five dollars.
    19    § 10. Subdivision 1 of section 1809 of the vehicle and traffic law, as
    20  separately amended by section 10-d of chapters 99, 101 and  123  of  the
    21  laws of 2014, is amended to read as follows:
    22    1.  Whenever  proceedings  in an administrative tribunal or a court of
    23  this state result in a conviction for a crime under this  chapter  or  a
    24  traffic  infraction  under  this chapter other than a traffic infraction
    25  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    26  violations  by  pedestrians or bicyclists, or other than an adjudication
    27  of liability of an owner for a violation of subdivision (d)  of  section
    28  eleven  hundred eleven of this chapter in accordance with section eleven
    29  hundred eleven-d of this chapter, there  shall  be  levied  a  mandatory
    30  surcharge,  in addition to any sentence required or permitted by law, in
    31  the amount of seventeen dollars, and a senior anti-violence services fee
    32  of twenty-five dollars.
    33    § 11. Subdivision 1 of section 1809 of the vehicle and traffic law, as
    34  separately amended by chapter 16 of the laws of 1983 and chapter  62  of
    35  the laws of 1989, is amended to read as follows:
    36    1.  Whenever  proceedings  in an administrative tribunal or a court of
    37  this state result in a conviction for a crime under this  chapter  or  a
    38  traffic  infraction  under  this chapter other than a traffic infraction
    39  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    40  violations  by pedestrians or bicyclists, there shall be levied a manda-
    41  tory surcharge, in addition to any sentence  required  or  permitted  by
    42  law,  in  the  amount  of  seventeen dollars, and a senior anti-violence
    43  services fee of twenty-five dollars.
    44    § 12. Subdivision 3 of section 4 of the banking  law,  as  amended  by
    45  chapter 601 of the laws of 2007, is amended to read as follows:
    46    3.  No  financial  institution which discloses information pursuant to
    47  subdivision two of this section, or discloses any  financial  record  to
    48  the  state  office  of  temporary  and  disability assistance or a child
    49  support enforcement unit of a social services district for  the  purpose
    50  of  enforcing a child support obligation of such person, shall be liable
    51  under any law to any person for such disclosure, or for any other action
    52  taken in good faith to comply with subdivision two of this section.   No
    53  banking  organization  which  reports  instances  of  suspected abuse or
    54  mistreatment of seniors to the state office for  the  aging,  designated
    55  agencies  and  SAVS  units, as such terms are defined in article four of
    56  the elder law, shall be liable under any law  to  any  person  for  such

        A. 6555--A                         26
 
     1  disclosure,  or  for any other action taken in good faith to comply with
     2  the requirements of such article.
     3    §  13. The penal law is amended by adding a new article 261 to read as
     4  follows:
 
     5                                 ARTICLE 261
     6                  OFFENSES AGAINST THE ELDERLY AND DISABLED
     7  Section 261.00 Elderly, vulnerable elderly and disabled  persons;  defi-
     8                   nitions.
     9          261.01 Crimes against the elderly and disabled; presumption.
    10          261.02 Abandonment of an elderly or disabled person.
    11          261.03 Abandonment of an elderly or disabled person; defense.
    12          261.04 Endangering the welfare of an elderly or disabled person.
    13          261.05 Endangering the welfare of an elderly or disabled person;
    14                   corroboration.
    15          261.06 Endangering the welfare of an elderly or disabled person;
    16                   defense.
    17          261.07 Endangering the welfare of a vulnerable elderly person or
    18                   a disabled person in the second degree.
    19          261.08 Endangering the welfare of a vulnerable elderly person or
    20                   a disabled person in the first degree.
 
    21  § 261.00 Elderly, vulnerable elderly and disabled persons; definitions.
    22    For  the  purpose  of  this  article,  the following definitions shall
    23  apply:
    24    1. "Caregiver" means a person who (i) assumes responsibility  for  the
    25  care  of  a vulnerable elderly person pursuant to a court order; or (ii)
    26  receives monetary or other valuable consideration for providing care for
    27  a vulnerable elderly person.
    28    2. "Sexual contact" means any touching of the sexual or other intimate
    29  parts of a person not married to the actor for the purpose of gratifying
    30  sexual desire of either party.  It includes the touching of the actor by
    31  the victim, as well as the touching of the victim by the actor,  whether
    32  directly or through clothing.
    33    3.  "Vulnerable  elderly  person" means a person sixty years of age or
    34  older who is suffering from  a  disease  or  infirmity  associated  with
    35  advanced   age  and  manifested  by  demonstrable  physical,  mental  or
    36  emotional dysfunction to the extent that  the  person  is  incapable  of
    37  adequately providing for his or her own health or personal care.
    38    4. "Elderly person" means a person sixty years of age or older.
    39    5.  "Disabled  person"  means  a  person  who has a physical or mental
    40  impairment that substantially limits a major life activity.
    41  § 261.01 Crimes against the elderly and disabled; presumption.
    42    In any case in which it shall be  shown  that  a  person  intended  to
    43  commit  a  specified offense pursuant to section 485.05 of this chapter,
    44  it shall be a rebuttal presumption that the person selected  the  victim
    45  or  committed  or  intended  to  commit the act or acts constituting the
    46  offense in whole or in substantial part because of a  belief  that  such
    47  victim is elderly or disabled.
    48  § 261.02 Abandonment of an elderly or disabled person.
    49    A  person  is  guilty  of abandonment of an elderly or disabled person
    50  when, being a person legally charged with the  care  or  custody  of  an
    51  elderly  or  disabled person, he or she deserts such person in any place
    52  with intent to wholly abandon him or her.
    53    Abandonment of an elderly or disabled person is a class E felony.
    54  § 261.03 Abandonment of an elderly or disabled person; defense.

        A. 6555--A                         27
 
     1    In any prosecution for abandonment of an elderly or  disabled  person,
     2  pursuant  to  section  261.02  of  this  article,  based upon an alleged
     3  desertion of an elderly or disabled person  with  an  intent  to  wholly
     4  abandon such an elderly or disabled person, it is an affirmative defense
     5  that,  with  the intent that the elderly or disabled person be safe from
     6  physical injury and cared for in an appropriate  manner,  the  defendant
     7  left  the  elderly or disabled person with an appropriate person or in a
     8  suitable location and promptly notified an  appropriate  person  of  the
     9  elderly or disabled person's location.
    10  § 261.04 Endangering the welfare of an elderly or disabled person.
    11    A  person  is guilty of endangering the welfare of an elderly or disa-
    12  bled person when being a person legally charged with the care or custody
    13  of an elderly or disabled person:
    14    1. He or she knowingly acts in a manner likely to be injurious to  the
    15  physical,  mental  or moral welfare of an elderly or disabled person, or
    16  directs or authorizes such an elderly or disabled person, to  engage  in
    17  an  occupation involving a substantial risk of danger to his or her life
    18  or health; or
    19    2. He or she fails or refuses to exercise reasonable diligence in  the
    20  control  of  such  elderly or disabled person to prevent him or her from
    21  physical, mental or moral injury, or from engaging in acts  involving  a
    22  substantial risk of danger to his or her life or health.
    23    Endangering  the welfare of an elderly or disabled person is a class A
    24  misdemeanor.
    25  § 261.05 Endangering the welfare  of  an  elderly  or  disabled  person;
    26             corroboration.
    27    A  person  shall  not  be  convicted  of endangering the welfare of an
    28  elderly or disabled person, or of an attempt to commit  the  same,  upon
    29  the  testimony of a victim who is incapable of consent because of mental
    30  defect or mental incapacity as to conduct that constitutes an offense or
    31  an attempt to commit an offense referred to in section  130.16  of  this
    32  chapter,  without  additional  evidence  sufficient  pursuant to section
    33  130.16 of this chapter to sustain a conviction of an offense referred to
    34  in section 130.16 of this chapter, or of an attempt to commit the same.
    35  § 261.06 Endangering the welfare  of  an  elderly  or  disabled  person;
    36             defense.
    37    In  any prosecution for endangering the welfare of an elderly or disa-
    38  bled person, pursuant to section 261.04 of this article:
    39    1. based upon an alleged failure or refusal to provide proper  medical
    40  care or treatment to an elderly or disabled person, who is ill, it is an
    41  affirmative  defense  that the elderly or disabled person is a member or
    42  adherent of an organized church or religious group the tenets  of  which
    43  prescribe  prayer  as  the principal treatment for illness, and that the
    44  elderly or disabled person was treated in accordance with  such  tenets;
    45  or
    46    2.  based  upon an alleged desertion of an elderly or disabled person,
    47  it is an affirmative defense that, with the intent that  the  person  be
    48  safe  from  physical  injury and cared for in an appropriate manner, the
    49  defendant left the person with an appropriate person or  in  a  suitable
    50  location  and  promptly  notified  an appropriate person of the person's
    51  location.
    52  § 261.07 Endangering the welfare of a vulnerable  elderly  person  or  a
    53             disabled person in the second degree.
    54    A  person is guilty of endangering the welfare of a vulnerable elderly
    55  person or a disabled person in the second degree when, being a caregiver
    56  for a vulnerable elderly person or a disabled person:

        A. 6555--A                         28
 
     1    1. With intent to cause physical injury to  such  person,  he  or  she
     2  causes such injury to such person; or
     3    2. He or she recklessly causes physical injury to such person; or
     4    3.  With criminal negligence, he or she causes physical injury to such
     5  person by means of a deadly weapon or a dangerous instrument; or
     6    4. He or she subjects  such  person  to  sexual  contact  without  the
     7  latter's  consent.  Lack  of consent under this subdivision results from
     8  forcible compulsion or incapacity to consent, as those terms are defined
     9  in article one hundred thirty of this  chapter,  or  any  other  circum-
    10  stances  in  which the vulnerable elderly person or disabled person does
    11  not expressly or impliedly acquiesce in the caregiver's conduct.
    12    In any prosecution  under  this  subdivision  in  which  the  victim's
    13  alleged  lack  of  consent  results  solely  from  incapacity to consent
    14  because of the victim's mental  disability  or  mental  incapacity,  the
    15  provisions  of  section 130.16 of this chapter shall apply. In addition,
    16  in any prosecution under this subdivision in which the victim's lack  of
    17  consent is based solely upon his or her incapacity to consent because he
    18  or she was mentally disabled, mentally incapacitated or physically help-
    19  less, it is an affirmative defense that the defendant, at the time he or
    20  she engaged in the conduct constituting the offense, did not know of the
    21  facts or conditions responsible for such incapacity to consent.
    22    Endangering  the  welfare of a vulnerable elderly person or a disabled
    23  person in the second degree is a class E felony.
    24  § 261.08 Endangering the welfare of a vulnerable  elderly  person  or  a
    25             disabled person in the first degree.
    26    A  person is guilty of endangering the welfare of a vulnerable elderly
    27  person or a disabled person in the first degree when, being a  caregiver
    28  for a vulnerable elderly person or disabled person:
    29    1.  With  intent  to  cause  physical injury to such person, he or she
    30  causes serious physical injury to such person; or
    31    2. He or she recklessly causes serious physical injury to such person.
    32    Endangering the welfare of a vulnerable elderly person or  a  disabled
    33  person in the first degree is a class D felony.
    34    §  14.  Section  120.05  of  the  penal law is amended by adding a new
    35  subdivision 13 to read as follows:
    36    13. Being eighteen years old or more and with intent to cause physical
    37  injury to a person sixty years old or more, or to a  person  who  has  a
    38  physical  or  mental  impairment  that substantially limits a major life
    39  activity, the defendant causes such injury to such person.
    40    § 15. Section 135.30 of the penal law is amended to read as follows:
    41  § 135.30 Kidnapping; defense.
    42    In any prosecution for kidnapping, it is an affirmative  defense  that
    43  (a)  the defendant was a relative of the person abducted, and (b) his or
    44  her sole purpose was to assume control of such person.
    45    This section shall not apply in  the  case  when  the  person  who  is
    46  abducted  is  sixty years old or more, or to a person who has a physical
    47  or mental impairment that substantially limits a  major  life  activity,
    48  and the kidnapping was done with the intention of compelling such person
    49  to transfer an asset to the defendant or to a third party.
    50    §  16.  Section  135.45  of  the  penal law is amended by adding a new
    51  subdivision 3 to read as follows:
    52    3. Knowing that he or she has no legal right to do so, he or she takes
    53  or entices any person sixty years of age or more, or a person who has  a
    54  physical  or  mental  impairment  that substantially limits a major life
    55  activity, from the custody of another person or institution.

        A. 6555--A                         29
 
     1    § 17. Subdivision (g) of section 140.10 of the penal law,  as  amended
     2  by chapter 176 of the laws of 2011, is amended and a new subdivision (h)
     3  is added to read as follows:
     4    (g)  where  the property consists of a right-of-way or yard of a rail-
     5  road or rapid transit railroad which has been designated  and  conspicu-
     6  ously posted as a no-trespass railroad zone[.]; or
     7    (h)  which  is  a  dwelling occupied by a person sixty years of age or
     8  older, or a person who has a physical or mental impairment that substan-
     9  tially limits a major life activity.
    10    § 18. Severability. If any provision of this act  or  the  application
    11  thereof  to  any  person  or  circumstances  is  held to be invalid, the
    12  remainder of the act and the application  of  such  provision  to  other
    13  persons or circumstances shall not be affected thereby.
    14    § 19. This act shall take effect immediately; provided, however:
    15    (a) the amendments to subdivision 1 of section 1809 of the vehicle and
    16  traffic  law made by section five of this act shall not affect the expi-
    17  ration and reversion of such subdivision and shall be deemed  to  expire
    18  therewith, when upon such date the provisions of section six of this act
    19  shall take effect;
    20    (b) the amendments to subdivision 1 of section 1809 of the vehicle and
    21  traffic law made by section six of this act shall not affect the expira-
    22  tion  and  reversion  of  such subdivision and shall be deemed to expire
    23  therewith, when upon such date the provisions of section seven  of  this
    24  act shall take effect;
    25    (c) the amendments to subdivision 1 of section 1809 of the vehicle and
    26  traffic law made by section seven of this act shall not affect the expi-
    27  ration  and  reversion of such subdivision and shall be deemed to expire
    28  therewith, when upon such date the provisions of section eight  of  this
    29  act shall take effect;
    30    (d) the amendments to subdivision 1 of section 1809 of the vehicle and
    31  traffic law made by section eight of this act shall not affect the expi-
    32  ration  and  reversion of such subdivision and shall be deemed to expire
    33  therewith, when upon such date the provisions of section  nine  of  this
    34  act shall take effect;
    35    (e) the amendments to subdivision 1 of section 1809 of the vehicle and
    36  traffic  law made by section nine of this act shall not affect the expi-
    37  ration and reversion of such subdivision and shall be deemed  to  expire
    38  therewith, when upon such date the provisions of section ten of this act
    39  shall take effect;
    40    (f) the amendments to subdivision 1 of section 1809 of the vehicle and
    41  traffic law made by section ten of this act shall not affect the expira-
    42  tion  and  reversion  of  such subdivision and shall be deemed to expire
    43  therewith, when upon such date the provisions of section eleven of  this
    44  act shall take effect; and
    45    (g) the amendments to subdivision 2 of section 1809 of the vehicle and
    46  traffic  law made by section five of this act shall not affect the expi-
    47  ration of such section and shall be deemed to expire therewith.
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