A06150 Summary:

BILL NO    A06150 

SAME AS    No same as 

SPONSOR    Tedisco (MS)

COSPNSR    Raia, Hawley

MLTSPNSR   Barclay, Butler, Ceretto, Crouch, Duprey, Finch, Fitzpatrick, Giglio,
           Kolb, Lopez P, McDonough, McKevitt, Oaks, Saladino, Thiele

Amd SS260.31, 260.32, 260.34 & 70.02, add Part 4 Title Y-2 SS495.00 & 495.05,
Pen L; amd S200.50, CP L

Relates to vulnerable elderly persons; deletes references to caregiver to make
any person who endangers the welfare of an elderly person guilty of provisions
of the penal law.
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A06150 Actions:

BILL NO    A06150 

03/15/2013 referred to codes
01/08/2014 referred to codes
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A06150 Memo:

BILL NUMBER:A6150

TITLE  OF  BILL:    An  act  to  amend  the penal law and the criminal
procedure law, in relation to crimes  against  vulnerable  elderly  or
disabled persons

PURPOSE OR GENERAL IDEA OF BILL:

To provide enhanced penalties for crimes committed against the elderly
or  disabled  that  more  accurately  reflect the seriousness of those
crimes and are sufficient to  deter  criminals  from  targeting  those
individuals as victims.

SUMMARY OF SPECIFIC PROVISIONS:

Section  1 amends S260.30 of the penal law to remove the definition of
"caregiver" and to amend the definition of "vulnerable elderly person"
to include persons seventy years of age or older.

Section 2 amends S260.32 of the Penal Law to  remove  the  requirement
that  a person be a caregiver for a vulnerable elderly person in order
to be guilty of Endangering the welfare of a Vulnerable Elderly Person
in the second degree. This change would make all people who assault an
elderly person guilty of this crime.

Section 3 amends S260.34 of the Penal Law making a similar  to  change
to Endangering the Welfare of a vulnerable Elderly Person in the first
degree.

Section  4  amends  S70.02  of  the  penal law to make Endangering the
Welfare of a vulnerable Elderly Person in the first and second  degree
a Class D violent felony offense and a Class E violent felony offense,
respectively.

Section  5  adds  a  new  Article 495 to the penal law to create a new
crimes against the elderly or disabled, which would raise the level of
offense by one level for specified crimes committed against  a  victim
who  the  defendant  selected  based  on a perceived disability or age
related infirmity or illness, creates a rebuttable presumption that an
apparently disabled or  elderly  person  was  selected  due  to  their
disability  or  age related infirmity, and creates a second rebuttable
presumption that a person over the age of 70 appeared to the defendant
to be elderly.

JUSTIFICATION:

Recently, there  were  two  vicious  attacks  on  New  York's  elderly
population.  A 101-year-old woman from Queens was mugged on her way to
church and an 85  year-old  woman  suffered  a  similar  fate  just  a
half-hour later.

The  penalty  such  a  robber would face for either robbery or assault
upon these victims are the  same  as  had  the  assailant  attacked  a
25-year old football player. In addition, criminals may target victims
who  appear  elderly or disabled due to a belief that such a person is
less likely to resist,less likely to defend themselves, or  less  able
to report the crime or details of the crime to law enforcement.


These  assumptions may not be correct. People who appear to be elderly
may be in excellent physical and mental condition. People  who  appear
disabled  may  not  be.  And certainly people with disabilities or age
related illnesses or infirmities may be as ready  and  able  to  fight
back  against a criminal, or providing incriminating testimony against
a criminal as a person without a disability or advanced age.

What makes the targeting of the elderly and  disabled  so  heinous  is
that  the  criminals  select  victims  whom  they believe to be easier
targets, exposing the criminal to less risk of failure or  injury,  or
even less risk of arrest or conviction in cases where they believe the
victim  will  not  be  willing  or  able  to report the crime, give an
accurate description of the offender, or testify as to the  events  of
the crime.

Criminals  make  calculated decisions as to their selection of victim,
balancing their potential ill-gotten gains against their risk of being
hurt or imprisoned. This legislation alters that equation by providing
a more serious penalty for crimes targeting people  who  might  appear
most vulnerable.

PRIOR LEGISLATIVE HISTORY:
2012:  A.1505 held for consideration in codes 2012: A.1505 referred to
codes 2011: A.1505 referred to codes 2010: A.10514; Referred to Codes
2008: A.8250-A; Held for consideration in Codes
2008: A.8250-A; Referred to Codes
2007: A.8250; Amended and recommitted to Codes
2007: A.8250; Referred to Codes

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
November 1 next succeeding the date on which it shall  have  become  a
law.
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A06150 Text:

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

                                         6150

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                    March 15, 2013
                                      ___________

       Introduced by M. of A. TEDISCO, RAIA, HAWLEY -- Multi-Sponsored by -- M.
         of  A.  BARCLAY,  BUTLER, CERETTO, CROUCH, DUPREY, FINCH, FITZPATRICK,
         GIGLIO, JORDAN, KOLB, P. LOPEZ, McDONOUGH,  McKEVITT,  OAKS,  RABBITT,
         REILICH,  SALADINO,  THIELE -- read once and referred to the Committee
         on Codes

       AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
         relation to crimes against vulnerable elderly or disabled persons

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

    1    Section 1. Section 260.31 of the penal law, as added by chapter 381 of
    2  the laws of 1998, subdivision 1 as amended, subdivision 4 as  added  and
    3  such section as renumbered by chapter 14 of the laws of 2010, and subdi-
    4  vision  2  as  amended by chapter 193 of the laws of 2010, is amended to
    5  read as follows:
    6   S 260.31 Vulnerable elderly persons; definitions.
    7    For the purpose of sections 260.32 and 260.34  of  this  article,  the
    8  following definitions shall apply:
    9    1.  ["Caregiver" means a person who (i) assumes responsibility for the
   10  care of a vulnerable elderly person, or  an  incompetent  or  physically
   11  disabled  person pursuant to a court order; or (ii) receives monetary or
   12  other valuable consideration for providing care for a vulnerable elderly
   13  person, or an incompetent or physically disabled person.
   14    2.] "Sexual contact" means any touching of the sexual or  other  inti-
   15  mate  parts  of  a person for the purpose of gratifying sexual desire of
   16  either party. It includes the touching of the actor by  the  victim,  as
   17  well  as  the  touching  of the victim by the actor, whether directly or
   18  through clothing, as well as the emission of ejaculate by the actor upon
   19  any part of the victim, clothed or unclothed.
   20    [3.] 2. "Vulnerable elderly person" means a person sixty years of  age
   21  or  older  who  is suffering from a disease or infirmity associated with
   22  advanced  age  and  manifested  by  demonstrable  physical,  mental   or

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07450-01-3
       A. 6150                             2

    1  emotional  dysfunction  to  the  extent  that the person is incapable of
    2  adequately providing for his or her own health or  personal  care  OR  A
    3  PERSON SEVENTY YEARS OF AGE OR OLDER.
    4    [4.]  3. "Incompetent or physically disabled person" means an individ-
    5  ual who is unable to care for himself or  herself  because  of  physical
    6  disability, mental disease or defect.
    7    S  2. The opening paragraph and subdivision 4 of section 260.32 of the
    8  penal law, as amended by chapter 14 of the laws of 2010, are amended  to
    9  read as follows:
   10    A  person is guilty of endangering the welfare of a vulnerable elderly
   11  person, or an incompetent or physically disabled person  in  the  second
   12  degree  when[,  being a caregiver for a vulnerable elderly person, or an
   13  incompetent or physically disabled person]:
   14    4. He or she subjects  such  person  to  sexual  contact  without  the
   15  latter's  consent.  Lack  of consent under this subdivision results from
   16  forcible compulsion or incapacity to consent, as those terms are defined
   17  in article one hundred thirty of  this  [chapter]  PART,  or  any  other
   18  circumstances  in which the vulnerable elderly person, or an incompetent
   19  or physically disabled person does not expressly or impliedly  acquiesce
   20  [in  the caregiver's conduct]. In any prosecution under this subdivision
   21  in which the victim's alleged lack of consent results solely from  inca-
   22  pacity  to  consent  because of the victim's mental disability or mental
   23  incapacity, the provisions of section  130.16  of  this  [chapter]  PART
   24  shall  apply.  In addition, in any prosecution under this subdivision in
   25  which the victim's lack of consent is based solely upon his or her inca-
   26  pacity to consent because he or  she  was  mentally  disabled,  mentally
   27  incapacitated  or physically helpless, it is an affirmative defense that
   28  the defendant, at the time he or she engaged in the conduct constituting
   29  the offense, did not know of the facts  or  conditions  responsible  for
   30  such incapacity to consent.
   31    S  3.  The  opening  paragraph  of section 260.34 of the penal law, as
   32  amended by chapter 14 of the  laws  of  2010,  is  amended  to  read  as
   33  follows:
   34    A  person is guilty of endangering the welfare of a vulnerable elderly
   35  person, or an incompetent or physically disabled  person  in  the  first
   36  degree  when[,  being a caregiver for a vulnerable elderly person, or an
   37  incompetent or physically disabled person]:
   38    S 4. Paragraphs (c) and (d) of subdivision 1 of section 70.02  of  the
   39  penal  law,  paragraph (c) as amended by chapter 405 of the laws of 2010
   40  and paragraph (d) as amended by chapter 7  of  the  laws  of  2007,  are
   41  amended to read as follows:
   42    (c)  Class  D violent felony offenses: an attempt to commit any of the
   43  class C felonies set forth in paragraph (b); reckless assault of a child
   44  as defined in section 120.02, assault in the second degree as defined in
   45  section 120.05, menacing a police officer or peace officer as defined in
   46  section 120.18, stalking in the first degree, as defined in  subdivision
   47  one  of section 120.60, strangulation in the second degree as defined in
   48  section 121.12, rape in the second degree as defined in section  130.30,
   49  criminal  sexual  act in the second degree as defined in section 130.45,
   50  sexual abuse in the first degree as defined in section 130.65, course of
   51  sexual conduct against a child  in  the  second  degree  as  defined  in
   52  section  130.80,  aggravated sexual abuse in the third degree as defined
   53  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   54  substance  as defined in section 130.90, criminal possession of a weapon
   55  in the third degree as defined in subdivision five, six, seven or  eight
   56  of  section  265.02,  criminal  sale of a firearm in the third degree as
       A. 6150                             3

    1  defined in section 265.11, intimidating  a  victim  or  witness  in  the
    2  second degree as defined in section 215.16, ENDANGERING THE WELFARE OF A
    3  VULNERABLE  ELDERLY  PERSON  IN  THE  FIRST DEGREE AS DEFINED IN SECTION
    4  260.34,  soliciting  or providing support for an act of terrorism in the
    5  second degree as defined in section 490.10,  and  making  a  terroristic
    6  threat  as  defined  in section 490.20, falsely reporting an incident in
    7  the first degree as defined in section 240.60, placing a false  bomb  or
    8  hazardous  substance  in  the first degree as defined in section 240.62,
    9  placing a false bomb or hazardous  substance  in  a  sports  stadium  or
   10  arena, mass transportation facility or enclosed shopping mall as defined
   11  in section 240.63, and aggravated unpermitted use of indoor pyrotechnics
   12  in the first degree as defined in section 405.18.
   13    (d)  Class  E  violent felony offenses:   ENDANGERING THE WELFARE OF A
   14  VULNERABLE ELDERLY PERSON IN THE SECOND DEGREE  AS  DEFINED  IN  SECTION
   15  260.32,  an attempt to commit any of the felonies of criminal possession
   16  of a weapon in the third degree as defined  in  subdivision  five,  six,
   17  seven  or  eight  of section 265.02 as a lesser included offense of that
   18  section as defined in section 220.20  of  the  criminal  procedure  law,
   19  persistent  sexual abuse as defined in section 130.53, aggravated sexual
   20  abuse in the fourth degree  as  defined  in  section  130.65-a,  falsely
   21  reporting  an incident in the second degree as defined in section 240.55
   22  and placing a false bomb or hazardous substance in the second degree  as
   23  defined in section 240.61.
   24    S  5.  Part 4 of the penal law is amended by adding a new title Y-2 to
   25  read as follows:
   26                                  TITLE Y-2
   27                             CRIMES AGAINST THE
   28                             ELDERLY OR DISABLED
   29                                 ARTICLE 495
   30                             CRIMES AGAINST THE
   31                             ELDERLY OR DISABLED
   32  SECTION 495.00 CRIMES AGAINST THE ELDERLY OR DISABLED.
   33          495.05 SENTENCING.
   34  S 495.00 CRIMES AGAINST THE ELDERLY OR DISABLED.
   35    1. A PERSON COMMITS A CRIME AGAINST THE ELDERLY OR DISABLED WHEN HE OR
   36  SHE COMMITS A SPECIFIED OFFENSE AND EITHER:
   37    (A) INTENTIONALLY SELECTS THE  PERSON  AGAINST  WHOM  THE  OFFENSE  IS
   38  COMMITTED  OR  INTENDED  TO BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART
   39  BECAUSE OF A BELIEF OR PERCEPTION REGARDING THE DISABILITY STATUS OR AGE
   40  RELATED INFIRMITY OR DISEASE OF A  PERSON,  REGARDLESS  OF  WHETHER  THE
   41  BELIEF OR PERCEPTION IS CORRECT; OR
   42    (B)  INTENTIONALLY COMMITS THE ACT OR ACTS CONSTITUTING THE OFFENSE IN
   43  WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING
   44  DISABILITY STATUS OR AGE RELATED  INFIRMITY  OR  DISEASE  OF  A  PERSON,
   45  REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT.
   46    2.  FOR  THE  PURPOSE  OF  THIS  SECTION: (A) WHEN A PERSON REASONABLY
   47  APPEARS TO HAVE A DISABILITY OR AN AGE  RELATED  INFIRMITY  OR  DISEASE,
   48  THERE  SHALL  BE  A  REBUTTABLE  PRESUMPTION  THE DEFENDANT SELECTED THE
   49  PERSON AGAINST WHOM THE OFFENSE OR ACT IS COMMITTED OR  INTENDED  TO  BE
   50  COMMITTED, IN WHOLE OR IN PART BECAUSE OF A BELIEF OR PERCEPTION REGARD-
   51  ING  THE  DISABILITY  STATUS OR AGE RELATED INFIRMITY OR DISEASE OF SUCH
   52  PERSON; AND (B) WHEN A PERSON IS SEVENTY YEARS OLD OR MORE, THERE  SHALL
   53  BE A REBUTTABLE PRESUMPTION THAT SUCH PERSON APPEARS TO HAVE A DISABILI-
   54  TY OR AN AGE RELATED INFIRMITY.
   55    3. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
   56  PROVISIONS  OF  THIS  CHAPTER:  SECTION  120.00  (ASSAULT  IN  THE THIRD
       A. 6150                             4

    1  DEGREE); SECTION 120.05 (ASSAULT IN THE SECOND DEGREE);  SECTION  120.10
    2  (ASSAULT IN THE FIRST DEGREE); SECTION 120.12 (AGGRAVATED ASSAULT UPON A
    3  PERSON  LESS  THAN  ELEVEN  YEARS  OLD); SECTION 120.13 (MENACING IN THE
    4  FIRST  DEGREE);  SECTION 120.14 (MENACING IN THE SECOND DEGREE); SECTION
    5  120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20  (RECKLESS  ENDAN-
    6  GERMENT  IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT IN
    7  THE FIRST DEGREE); SECTION  120.45  (STALKING  IN  THE  FOURTH  DEGREE);
    8  SECTION  120.50 (STALKING IN THE THIRD DEGREE); SECTION 120.55 (STALKING
    9  IN THE SECOND DEGREE); SECTION 120.60 (STALKING IN  THE  FIRST  DEGREE);
   10  SUBDIVISION  ONE  OF SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE);
   11  SUBDIVISION ONE, TWO OR FOUR OF  SECTION  125.20  (MANSLAUGHTER  IN  THE
   12  FIRST DEGREE); SECTION 125.25 (MURDER IN THE SECOND DEGREE); SUBDIVISION
   13  ONE  OF  SECTION  130.35  (RAPE IN THE FIRST DEGREE); SUBDIVISION ONE OF
   14  SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE  FIRST  DEGREE);  SUBDIVISION
   15  ONE  OF SECTION 130.65 (SEXUAL ABUSE IN THE FIRST DEGREE); PARAGRAPH (A)
   16  OF SUBDIVISION ONE OF SECTION 130.67 (AGGRAVATED  SEXUAL  ABUSE  IN  THE
   17  SECOND  DEGREE);  PARAGRAPH  (A)  OF  SUBDIVISION  ONE OF SECTION 130.70
   18  (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE); SECTION 135.05  (UNLAWFUL
   19  IMPRISONMENT  IN  THE SECOND DEGREE); SECTION 135.10 (UNLAWFUL IMPRISON-
   20  MENT IN THE FIRST DEGREE); SECTION  135.20  (KIDNAPPING  IN  THE  SECOND
   21  DEGREE); SECTION 135.25 (KIDNAPPING IN THE FIRST DEGREE); SECTION 135.60
   22  (COERCION  IN  THE SECOND DEGREE); SECTION 135.65 (COERCION IN THE FIRST
   23  DEGREE); SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD DEGREE); SECTION
   24  140.15 (CRIMINAL TRESPASS IN THE SECOND DEGREE); SECTION 140.17  (CRIMI-
   25  NAL TRESPASS IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY IN THE THIRD
   26  DEGREE);  SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION 140.30
   27  (BURGLARY IN THE FIRST DEGREE); SECTION 145.00 (CRIMINAL MISCHIEF IN THE
   28  FOURTH DEGREE); SECTION 145.05 (CRIMINAL MISCHIEF IN THE THIRD  DEGREE);
   29  SECTION  145.10 (CRIMINAL MISCHIEF IN THE SECOND DEGREE); SECTION 145.12
   30  (CRIMINAL MISCHIEF IN THE FIRST DEGREE); SECTION 150.05  (ARSON  IN  THE
   31  FOURTH  DEGREE);  SECTION  150.10  (ARSON  IN THE THIRD DEGREE); SECTION
   32  150.15 (ARSON IN THE SECOND DEGREE); SECTION 150.20 (ARSON IN THE  FIRST
   33  DEGREE);  SECTION  155.25 (PETIT LARCENY); SECTION 155.30 (GRAND LARCENY
   34  IN THE FOURTH DEGREE);  SECTION  155.35  (GRAND  LARCENY  IN  THE  THIRD
   35  DEGREE);  SECTION  155.40  (GRAND LARCENY IN THE SECOND DEGREE); SECTION
   36  155.42 (GRAND LARCENY IN THE FIRST DEGREE); SECTION 160.05  (ROBBERY  IN
   37  THE  THIRD  DEGREE);  SECTION  160.10  (ROBBERY  IN  THE SECOND DEGREE);
   38  SECTION 160.15 (ROBBERY IN THE FIRST DEGREE); SECTION 240.25 (HARASSMENT
   39  IN THE FIRST DEGREE); SUBDIVISION ONE, TWO OR  FOUR  OF  SECTION  240.30
   40  (AGGRAVATED HARASSMENT IN THE SECOND DEGREE); OR ANY ATTEMPT OR CONSPIR-
   41  ACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
   42    4. FOR THE PURPOSES OF THIS SECTION:
   43    (A) A PERSON HAS AN AGE RELATED INFIRMITY OR DISEASE WHEN, BEING SIXTY
   44  YEARS  OLD  OR  MORE,  SUCH  PERSON  HAS A PHYSICAL OR MENTAL DISEASE OR
   45  INFIRMITY, TYPICALLY ASSOCIATED WITH ADVANCED AGE,  WHICH  SUBSTANTIALLY
   46  LIMITS A MAJOR LIFE ACTIVITY;
   47    (B) THE TERM "SUBSTANTIAL PART" INCLUDES BUT IS NOT LIMITED TO CIRCUM-
   48  STANCES  IN WHICH A DEFENDANT SELECTS A PERSON AGAINST WHOM TO COMMIT OR
   49  ATTEMPT TO COMMIT A CRIME DUE TO A BELIEF OR PERCEPTION THAT SUCH PERSON
   50  IS LESS LIKELY TO RESIST OR BE ABLE TO RESIST SUCH CRIME  DUE  TO  THEIR
   51  DISABILITY  OR  AGE  RELATED INFIRMITY OR DISEASE, REGARDLESS OF WHETHER
   52  SUCH BELIEF OR PERCEPTION IS CORRECT;
   53    (C) THE TERM "DISABILITY" MEANS A PHYSICAL OR MENTAL  IMPAIRMENT  THAT
   54  SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY; AND
   55    (D)  THE  TERM  "RESIST" INCLUDES, IN ADDITION TO ITS REGULAR MEANING,
   56  REPORTING SUCH  CRIME  TO  LAW  ENFORCEMENT,  OBSERVING,  RECALLING,  OR
       A. 6150                             5

    1  REPORTING  KEY  FEATURES  OF  ANY  ACT  OR CHARACTERISTIC OF A DEFENDANT
    2  RELATED TO SUCH CRIME, OR PROVIDING EVIDENCE TO AID IN THE INVESTIGATION
    3  OR PROSECUTION OF SUCH CRIME.
    4  S 495.05 SENTENCING.
    5    1.  WHEN A PERSON IS CONVICTED OF A CRIME AGAINST THE ELDERLY OR DISA-
    6  BLED PURSUANT TO THIS ARTICLE, AND THE SPECIFIED OFFENSE  IS  A  VIOLENT
    7  FELONY  OFFENSE,  AS DEFINED IN SECTION 70.02 OF THIS CHAPTER, THE CRIME
    8  AGAINST THE ELDERLY  OR  DISABLED  SHALL  BE  DEEMED  A  VIOLENT  FELONY
    9  OFFENSE.
   10    2.  WHEN A PERSON IS CONVICTED OF A CRIME AGAINST THE ELDERLY OR DISA-
   11  BLED PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A MISDEMEANOR
   12  OR A CLASS C, D OR E FELONY, THE CRIME AGAINST THE ELDERLY  OR  DISABLED
   13  SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE
   14  DEFENDANT  COMMITTED,  OR  ONE  CATEGORY  HIGHER  THAN THE OFFENSE LEVEL
   15  APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
   16  COMMIT A SPECIFIED OFFENSE, WHICHEVER IS APPLICABLE.
   17    3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
   18  CONVICTED  OF  A  CRIME AGAINST THE ELDERLY OR DISABLED PURSUANT TO THIS
   19  ARTICLE AND THE SPECIFIED OFFENSE IS A CLASS B FELONY OFFENSE:
   20    (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
   21  SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
   22  THIS CHAPTER;
   23    (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT  YEARS
   24  IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   25    (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
   26  IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
   27    (D)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
   28  FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
   29  THIS CHAPTER; AND
   30    (E)  THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
   31  DETERMINATE SENTENCE MUST BE AT LEAST TEN  YEARS  IF  THE  DEFENDANT  IS
   32  SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   33    4.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
   34  CONVICTED OF CRIME AGAINST THE ELDERLY  OR  DISABLED  PURSUANT  TO  THIS
   35  ARTICLE  AND  THE  SPECIFIED  OFFENSE IS A CLASS A-1 FELONY, THE MINIMUM
   36  PERIOD OF THE INDETERMINATE SENTENCE  SHALL  BE  NOT  LESS  THAN  TWENTY
   37  YEARS.
   38    S  6. Subdivisions 4 and 7 of section 200.50 of the criminal procedure
   39  law, as amended by chapter 7 of the laws of 2007, are amended to read as
   40  follows:
   41    4. A statement in each count that the grand jury, or, where the  accu-
   42  satory  instrument  is a superior court information, the district attor-
   43  ney, accuses the  defendant  or  defendants  of  a  designated  offense,
   44  provided  that in any prosecution under article four hundred eighty-five
   45  of the penal law, the designated offense shall be the specified offense,
   46  as defined in subdivision three of section  485.05  of  the  penal  law,
   47  followed by the phrase "as a hate crime", [and] provided further that in
   48  any  prosecution  under  section 490.25 of the penal law, the designated
   49  offense shall be the specified offense, as defined in subdivision  three
   50  of  section  490.05 of the penal law, followed by the phrase "as a crime
   51  of terrorism"; AND  PROVIDED  FURTHER  THAT  IN  ANY  PROSECUTION  UNDER
   52  SECTION  495.00  OF  THE  PENAL LAW, THE DESIGNATED OFFENSE SHALL BE THE
   53  SPECIFIED OFFENSE, AS DEFINED IN SUBDIVISION THREE OF SECTION 495.00  OF
   54  THE PENAL LAW, FOLLOWED BY THE PHRASE "AS A CRIME AGAINST THE ELDERLY OR
   55  DISABLED";  and  provided  further that in any prosecution under section
   56  130.91 of the penal law, the designated offense shall be  the  specified
       A. 6150                             6

    1  offense,  as  defined  in subdivision two of section 130.91 of the penal
    2  law, followed by the phrase "as a sexually motivated felony"; and
    3    7.  A plain and concise factual statement in each count which, without
    4  allegations of an evidentiary nature,
    5    (a) asserts facts supporting every element of the offense charged  and
    6  the defendant's or defendants' commission thereof with sufficient preci-
    7  sion to clearly apprise the defendant or defendants of the conduct which
    8  is the subject of the accusation; and
    9    (b)  in the case of any armed felony, as defined in subdivision forty-
   10  one of section 1.20, states that such offense is  an  armed  felony  and
   11  specifies   the   particular   implement  the  defendant  or  defendants
   12  possessed, were armed with, used or displayed or,  in  the  case  of  an
   13  implement displayed, specifies what the implement appeared to be; and
   14    (c) in the case of any hate crime, as defined in section 485.05 of the
   15  penal  law,  specifies,  as applicable, that the defendant or defendants
   16  intentionally selected the person against whom the offense was committed
   17  or intended to be committed; or intentionally committed the act or  acts
   18  constituting  the  offense, in whole or in substantial part because of a
   19  belief or perception regarding the race, color, national origin,  ances-
   20  try,  gender,  religion,  religious  practice, age, disability or sexual
   21  orientation of a person; and
   22    (d) in the case of a crime of terrorism, as defined in section  490.25
   23  of  the  penal  law,  specifies,  as  applicable,  that the defendant or
   24  defendants acted with intent to intimidate or coerce  a  civilian  popu-
   25  lation,  influence the policy of a unit of government by intimidation or
   26  coercion, or affect the conduct of  a  unit  of  government  by  murder,
   27  assassination or kidnapping; and
   28    (e)  in the case of a sexually motivated felony, as defined in section
   29  130.91 of the penal law, asserts facts supporting  the  allegation  that
   30  the offense was sexually motivated; and
   31    (F)  IN  THE  CASE  OF  ANY  CRIME AGAINST THE ELDERLY OR DISABLED, AS
   32  DEFINED IN SECTION 495.00 OF THE PENAL LAW,  SPECIFIES,  AS  APPLICABLE,
   33  THAT  THE  DEFENDANT  OR  DEFENDANTS  INTENTIONALLY  SELECTED THE PERSON
   34  AGAINST WHOM THE OFFENSE WAS COMMITTED OR INTENDED TO BE  COMMITTED;  OR
   35  INTENTIONALLY  COMMITTED  THE  ACT  OR ACTS CONSTITUTING THE OFFENSE, IN
   36  WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING
   37  THE DISABILITY STATUS OR AGE RELATED INFIRMITY OR DISEASE OF  A  PERSON;
   38  AND
   39    S 7. This act shall take effect on the first of November next succeed-
   40  ing the date on which it shall have become a law.
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