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A06665 Summary:

BILL NO    A06665 

SAME AS    No same as 

SPONSOR    Crespo

COSPNSR    

MLTSPNSR   

Add Art 262 SS262.00 - 262.35, Pen L; add S11-108, Gen Ob L

Relates to establishing the crime of financial exploitation of a vulnerable
elderly person and provides for civil liability for financial exploitation of a
vulnerable elderly person.
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A06665 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6665

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 30, 2015
                                      ___________

       Introduced by M. of A. CRESPO -- read once and referred to the Committee
         on Codes

       AN  ACT to amend the penal law, in relation to establishing the crime of
         financial exploitation of a vulnerable elderly person or a person with
         a disability; and to amend the general obligations law, in relation to
         civil liability for financial exploitation  of  a  vulnerable  elderly
         person

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  The penal law is amended by adding a new  article  262  to
    2  read as follows:
    3                                 ARTICLE 262
    4          FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR
    5                         A PERSON WITH A DISABILITY
    6  SECTION 262.00 DEFINITIONS.
    7          262.05 FINANCIAL  EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR
    8                    A PERSON WITH A DISABILITY IN THE FOURTH DEGREE.
    9          262.10 FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON  OR
   10                    A PERSON WITH A DISABILITY IN THE THIRD DEGREE.
   11          262.15 FINANCIAL  EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR
   12                    A PERSON WITH A DISABILITY IN THE SECOND DEGREE.
   13          262.20 FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON  OR
   14                    A PERSON WITH A DISABILITY IN THE FIRST DEGREE.
   15          262.30 FINANCIAL EXPLOITATION; NO DEFENSE.
   16          262.35 FINANCIAL EXPLOITATION; DEFENSE.
   17  S 262.00 DEFINITIONS.
   18    FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
   19    1.  "VULNERABLE  ELDERLY  PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR
   20  OLDER WHO IS SUFFERING FROM  A  DISEASE  OR  INFIRMITY  ASSOCIATED  WITH
   21  ADVANCED  AGE  AND MANIFESTED BY PHYSICAL OR MENTAL DYSFUNCTIONING WHICH

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05739-01-5
       A. 6665                             2

    1  RENDERS SUCH PERSON INCAPABLE OF APPRAISING OR PREVENTING THE COMMISSION
    2  OF THE OFFENSE.
    3    2.  "PERSON  WITH  A  DISABILITY"  MEANS  A PERSON WHO HAS A PHYSICAL,
    4  MENTAL OR MEDICAL IMPAIRMENT RESULTING FROM  ANATOMICAL,  PHYSIOLOGICAL,
    5  OR  NEUROLOGICAL CONDITIONS THAT PREVENT THE EXERCISE OF A NORMAL BODILY
    6  FUNCTION OR THAT SUBSTANTIALLY IMPAIR COGNITIVE  FUNCTION,  AND  INCLUDE
    7  BUT  ARE  NOT LIMITED TO, IMPAIRMENTS REQUIRING THE USE OF AN ARTIFICIAL
    8  DEVICE TO MOVE, WALK, SEE, HEAR, OR BREATHE,  SUCH  AS  A  WHEEL  CHAIR,
    9  BRACES, CRUTCHES, RESPIRATOR, OR OTHER SUPPORTIVE EQUIPMENT, OR USE OF A
   10  GUIDE DOG OR OTHER GUIDING DEVICE.
   11    3.  "PERSON"  INCLUDES ANY INDIVIDUAL, FIRM, PARTNERSHIP, ASSOCIATION,
   12  PRIVATE OR PUBLIC CORPORATION, OR A GOVERNMENT OR  GOVERNMENTAL  INSTRU-
   13  MENTALITY.
   14    4.  "INTIMIDATION"  MEANS  THE  COMMUNICATION  TO A VULNERABLE ELDERLY
   15  PERSON OR A PERSON WITH A DISABILITY THAT HE OR SHE SHALL BE DEPRIVED OF
   16  FOOD OR NUTRITION, SHELTER, PRESCRIBED MEDICATION OR  MEDICAL  CARE  AND
   17  TREATMENT; OR THE USE OF, OR THREATENED USE OF, UNLAWFUL PHYSICAL FORCE;
   18  OR  ANY THREAT INVOLVING EXTORTION AS DEFINED IN PARAGRAPH (E) OF SUBDI-
   19  VISION TWO OF SECTION 155.05 OF THIS CHAPTER.
   20    5. "DECEPTION" MEANS A FALSE REPRESENTATION OR CONCEALMENT OF A MATTER
   21  OF FACT, WHETHER BY WORDS OR CONDUCT, BY FALSE OR MISLEADING STATEMENTS,
   22  WHICH DECEIVES AND IS INTENDED TO DECEIVE, THE VULNERABLE ELDERLY PERSON
   23  OR PERSON WITH A DISABILITY, SO THAT HE OR SHE SHALL ACT UPON IT TO  HIS
   24  OR HER ECONOMIC DETRIMENT.
   25    6.  "OBTAIN"  INCLUDES, BUT IS NOT LIMITED TO, THE BRINGING ABOUT OF A
   26  TRANSFER OR PURPORTED TRANSFER  OF  PROPERTY  OR  OF  A  LEGAL  INTEREST
   27  THERE-IN, WHETHER TO THE OBTAINER OR ANOTHER.
   28    7.  "CONTROL"  MEANS  THE POWER, RIGHT OR AUTHORITY TO MANAGE, DIRECT,
   29  SUPERINTEND, RESTRICT, REGULATE,  GOVERN,  ADMINISTER,  OR  OVERSEE  THE
   30  WHOLE  OR  ANY  PART OF THE PROPERTY OF A VULNERABLE ELDERLY PERSON OR A
   31  PERSON WITH A DISABILITY.
   32    8. "A PERSON STANDS IN A POSITION  OF  TRUST  OR  CONFIDENCE"  WITH  A
   33  VULNERABLE ELDERLY PERSON OR A PERSON WITH A DISABILITY WHEN HE OR SHE:
   34    (A)  IS  A  PARENT,  SPOUSE, ADULT CHILD OR OTHER RELATIVE BY BLOOD OR
   35  MARRIAGE OF THE VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILI-
   36  TY, OR
   37    (B) IS A JOINT TENANT OR TENANT IN COMMON WITH THE VULNERABLE  ELDERLY
   38  PERSON OR THE PERSON WITH A DISABILITY, OR
   39    (C)  HAS  A POWER OF ATTORNEY OR OTHER LEGAL OR FIDUCIARY RELATIONSHIP
   40  WITH THE VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY, OR
   41    (D) RECEIVES MONETARY OR OTHER VALUABLE  CONSIDERATION  FOR  PROVIDING
   42  CARE  FOR THE VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY,
   43  OR
   44    (E) LIVES WITH OR PROVIDES SOME COMPONENT OF HOME CARE SERVICES  ON  A
   45  CONTINUING  BASIS  TO THE VULNERABLE ELDERLY PERSON OR THE PERSON WITH A
   46  DISABILITY AND INCLUDES A NEIGHBOR OR FRIEND WHO DOES NOT  PROVIDE  SUCH
   47  SERVICES  BUT  HAS ACCESS TO THE VULNERABLE ELDERLY PERSON OR THE PERSON
   48  WITH A DISABILITY BASED ON SUCH RELATIONSHIP.
   49    9. "PROPERTY" MEANS ANY MONEY, PERSONAL PROPERTY, REAL PROPERTY, THING
   50  IN  ACTION,  COMPUTER  DATA,  COMPUTER  PROGRAM,  EVIDENCE  OF  DEBT  OR
   51  CONTRACT, OR ANY ARTICLE, SUBSTANCE OR THING OF VALUE.
   52    10.  "VALUE  OF  PROPERTY"  SHALL  HAVE  THE SAME MEANING AND SHALL BE
   53  ASCERTAINED IN ACCORDANCE WITH SECTION 155.20 OF THIS CHAPTER.
   54  S 262.05 FINANCIAL EXPLOITATION OF A  VULNERABLE  ELDERLY  PERSON  OR  A
   55             PERSON WITH A DISABILITY IN THE FOURTH DEGREE.
       A. 6665                             3

    1    A  PERSON  IS GUILTY OF FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY
    2  PERSON OR PERSON WITH A DISABILITY IN THE FOURTH DEGREE WHEN HE  OR  SHE
    3  STANDS  IN A POSITION OF TRUST OR CONFIDENCE WITH THE VULNERABLE ELDERLY
    4  PERSON OR THE PERSON WITH A DISABILITY AND HE OR SHE  KNOWINGLY  AND  BY
    5  DECEPTION  OR  INTIMIDATION  OBTAINS  CONTROL  OVER  THE PROPERTY OF THE
    6  VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY,  WITH  INTENT
    7  TO  WRONGFULLY  DEPRIVE  THAT  PERSON  OF THE TITLE TO, USE, BENEFIT, OR
    8  POSSESSION OF SUCH PROPERTY.
    9    FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH
   10  A DISABILITY IN THE FOURTH DEGREE IS A CLASS A MISDEMEANOR.
   11  S 262.10 FINANCIAL EXPLOITATION OF A  VULNERABLE  ELDERLY  PERSON  OR  A
   12             PERSON WITH A DISABILITY IN THE THIRD DEGREE.
   13    A  PERSON  IS GUILTY OF FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY
   14  PERSON OR A PERSON WITH A DISABILITY IN THE THIRD DEGREE WHEN HE OR  SHE
   15  STANDS  IN A POSITION OF TRUST OR CONFIDENCE WITH THE VULNERABLE ELDERLY
   16  PERSON OR THE PERSON WITH A DISABILITY AND HE OR SHE  KNOWINGLY  AND  BY
   17  DECEPTION  OR  INTIMIDATION  OBTAINS  CONTROL  OVER  THE PROPERTY OF THE
   18  VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY,  WITH  INTENT
   19  TO  WRONGFULLY  DEPRIVE  THAT  PERSON  OF THE TITLE TO, USE, BENEFIT, OR
   20  POSSESSION OF SUCH PROPERTY, AND THE VALUE OF THE PROPERTY  EXCEEDS  ONE
   21  THOUSAND DOLLARS.
   22    FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH
   23  A DISABILITY IN THE THIRD DEGREE IS A CLASS E FELONY.
   24  S  262.15  FINANCIAL  EXPLOITATION  OF  A VULNERABLE ELDERLY PERSON OR A
   25             PERSON WITH A DISABILITY IN THE SECOND DEGREE.
   26    A PERSON IS GUILTY OF FINANCIAL EXPLOITATION OF A  VULNERABLE  ELDERLY
   27  PERSON OR A PERSON WITH A DISABILITY IN THE SECOND DEGREE WHEN HE OR SHE
   28  STANDS  IN A POSITION OF TRUST OR CONFIDENCE WITH THE VULNERABLE ELDERLY
   29  PERSON OR THE PERSON WITH A DISABILITY AND HE OR SHE  KNOWINGLY  AND  BY
   30  DECEPTION  OR  INTIMIDATION  OBTAINS  CONTROL  OVER  THE PROPERTY OF THE
   31  VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY,  WITH  INTENT
   32  TO  WRONGFULLY  DEPRIVE  THAT  PERSON  OF THE TITLE TO, USE, BENEFIT, OR
   33  POSSESSION OF SUCH PROPERTY, AND THE VALUE OF THE PROPERTY EXCEEDS THREE
   34  THOUSAND DOLLARS.
   35    FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH
   36  A DISABILITY IN THE SECOND DEGREE IS A CLASS D FELONY.
   37  S 262.20 FINANCIAL EXPLOITATION OF A  VULNERABLE  ELDERLY  PERSON  OR  A
   38             PERSON WITH A DISABILITY IN THE FIRST DEGREE.
   39    A  PERSON  IS GUILTY OF FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY
   40  PERSON OR A PERSON WITH A DISABILITY IN THE FIRST DEGREE WHEN HE OR  SHE
   41  STANDS  IN A POSITION OF TRUST OR CONFIDENCE WITH THE VULNERABLE ELDERLY
   42  PERSON OR THE PERSON WITH A DISABILITY AND HE OR SHE  KNOWINGLY  AND  BY
   43  DECEPTION  OR  INTIMIDATION  OBTAINS  CONTROL  OVER  THE PROPERTY OF THE
   44  VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY,  WITH  INTENT
   45  TO  WRONGFULLY  DEPRIVE  THAT  PERSON  OF THE TITLE TO, USE, BENEFIT, OR
   46  POSSESSION OF SUCH PROPERTY, AND THE VALUE OF THE PROPERTY EXCEEDS FIFTY
   47  THOUSAND DOLLARS.
   48    FINANCIAL EXPLOITATION OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH
   49  A DISABILITY IN THE FIRST DEGREE IS A CLASS C FELONY.
   50  S 262.30 FINANCIAL EXPLOITATION; NO DEFENSE.
   51    IT SHALL BE NO DEFENSE TO ANY PROSECUTION FOR  FINANCIAL  EXPLOITATION
   52  THAT THE DEFENDANT DID NOT KNOW THE FACTS AND CONDITIONS RESPONSIBLE FOR
   53  MAKING  THE  VICTIM A VULNERABLE ELDERLY PERSON OR A PERSON WITH A DISA-
   54  BILITY.
   55  S 262.35 FINANCIAL EXPLOITATION; DEFENSE.
       A. 6665                             4

    1    NO PROVISION OF THIS  ARTICLE  SHALL  BE  DEEMED  TO  IMPOSE  CRIMINAL
    2  LIABILITY  UPON ANY PERSON WHO IN GOOD FAITH SEEKS TO ASSIST THE VULNER-
    3  ABLE ELDERLY PERSON OR PERSON WITH A DISABILITY IN THE MANAGEMENT OF HIS
    4  OR HER PROPERTY, BUT THROUGH NO FAULT OF SUCH PERSON IS UNABLE TO ASSIST
    5  THE VULNERABLE ELDERLY PERSON OR THE PERSON WITH A DISABILITY.
    6    S  2.  The  general obligations law is amended by adding a new section
    7  11-108 to read as follows:
    8    S 11-108. CIVIL LIABILITY FOR FINANCIAL EXPLOITATION OF  A  VULNERABLE
    9  ELDERLY  PERSON OR A PERSON WITH A DISABILITY. 1. A PERSON CHARGED BY AN
   10  "ACCUSATORY INSTRUMENT", AS DEFINED IN SUBDIVISION ONE OF  SECTION  1.20
   11  OF  THE  CRIMINAL PROCEDURE LAW, WITH THE OFFENSE OF FINANCIAL EXPLOITA-
   12  TION OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH A DISABILITY AS SET
   13  OUT IN ARTICLE TWO HUNDRED SIXTY-TWO OF THE PENAL LAW, AND WHO FAILS  OR
   14  REFUSES  TO  RETURN  THE  VICTIM'S  PROPERTY WITHIN SIXTY DAYS FOLLOWING
   15  RECEIPT OF A WRITTEN DEMAND FROM THE VICTIM OR THE VICTIM'S LEGAL REPRE-
   16  SENTATIVE SHALL, UPON A FINDING THAT SUCH PERSON UNLAWFULLY OBTAINED THE
   17  VICTIM'S PROPERTY, BE LIABLE TO THE VICTIM  OR  TO  THE  ESTATE  OF  THE
   18  VICTIM  IN  DAMAGES  OF  TREBLE  THE AMOUNT OF THE VALUE OF THE PROPERTY
   19  WRONGFULLY OBTAINED, PLUS REASONABLE ATTORNEY FEES AND COURT COSTS.
   20    2. THE BURDEN OF PROOF THAT  THE  DEFENDANT  UNLAWFULLY  OBTAINED  THE
   21  VICTIM'S PROPERTY SHALL BE BY A PREPONDERANCE OF THE EVIDENCE.
   22    3.  THIS  SECTION  SHALL BE OPERATIVE WHETHER OR NOT THE DEFENDANT HAS
   23  BEEN CONVICTED OF THE OFFENSE.
   24    4. THIS SECTION SHALL BE OPERATIVE IN ADDITION TO ANY OTHER  RIGHT  OF
   25  ACTION  OR  RECOVERY  OTHERWISE AVAILABLE UNDER LAW TO THE VICTIM OR THE
   26  VICTIM'S ESTATE.
   27    S 3. This act shall take effect on the first of November next succeed-
   28  ing the date on which it shall have become a law.
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