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A06639 Summary:

BILL NOA06639
 
SAME ASNo Same As
 
SPONSORLinares
 
COSPNSRMosley, Blake, Jaffee, Joyner, Arroyo, Pichardo, Seawright, Simon, Raia, Colton
 
MLTSPNSREnglebright, Magee, Montesano
 
Add S70.12, Pen L
 
Relates to increasing penalties for offenses committed against elderly persons.
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A06639 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6639
 
SPONSOR: Linares
  TITLE OF BILL: An act to amend the penal law, in relation to increas- ing penalties for offenses committed against elderly persons   PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this bill is to increase penalty when a person is convicted of an offense committed against an elderly person.   SUMMARY OF PROVISIONS: Section 1.The penal Law-is amended by adding section 70.12, Sentence of imprisonment for an offense committed against an "Elderly Person" which means a human being sixty years old or older or any attempt or conspiracy to commit any offenses.(2) Authorized sentence (a) Notwithstanding any other provision of law, when a person is convicted of an offense committed against an elderly person which is a class C,D or E felony or class A, B or Unclassified misdemeanor, the offense shall be deemed to be one category higher than the offense the person committed, or attempted or conspired to commit. (b) Notwithstand- ing any other provision of law, when a person is convicted of an offense committed against an elderly person which is a class B felony: (i) the maximum term of the indeterminate sentence must be at least six years if the defendant is sentenced pursuant to section 70.00 of this article; (ii) the term of the determinate sentence must be at least eight years if the defendant is sentenced pursuant to section 70.02 of this arti- cle;(iii) the term of the determinate sentence must be at least twelve years if the defendant is sentenced pursuant to section 70.04 of this article;(iv) the maximum term of the indeterminate sentence must be at least four years if the defendant is sentenced pursuant to section 70.05 of this article; and (v)the term of the determinate sentence must be at least ten years if the defendant is sentenced pursuant to section 70.06 of this article.   EXISTING LAW: None.   JUSTIFICATION: This law would protect elderly people who are more vulnerable to be the victims of assaults. The number of crimes committed against older people is rising sharply, with assaults against the elderly doubling in the past eight years. The increase in assaults on people over 60 has increased a 99.3 per cent, compared with a total statewide increase of 56.4 per cent for all age groups during the period of 1999- 2010. While people over 60 make up 3.02 per cent of crime victims, up from 2.96 per cent eight years ago, the number of crimes being perpetrated against the elderly has been raising. Twenty-three elderly people were the victims of homicide last year, while 26 were raped, up from just two in 1999.and 20 in 2005-2006. The number of sexual assaults against elderly people rose to 41, while assaults rose alarmingly from 442 in 1999 to 881 last year. 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.   LEGISLATIVE HISTORY: No History   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act should take effect on the hundred eightieth day after it shall have become a law.
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