S01417 Summary:

BILL NOS01417
 
SAME ASSAME AS A09974
 
SPONSORKENNEDY
 
COSPNSRCARLUCCI, KRUEGER
 
MLTSPNSR
 
Amd SS155.00 & 155.05, Pen L
 
Includes the financial exploitation of the elderly or disabled within the definition of the crime of larceny; defines terms.
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S01417 Actions:

BILL NOS01417
 
01/12/2015REFERRED TO CODES
06/01/2015COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/01/2015ORDERED TO THIRD READING CAL.1142
06/02/2015PASSED SENATE
06/02/2015DELIVERED TO ASSEMBLY
06/02/2015referred to codes
01/06/2016died in assembly
01/06/2016returned to senate
01/06/2016REFERRED TO CODES
03/28/20161ST REPORT CAL.462
03/29/20162ND REPORT CAL.
03/30/2016ADVANCED TO THIRD READING
05/10/2016PASSED SENATE
05/10/2016DELIVERED TO ASSEMBLY
05/10/2016referred to codes
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S01417 Committee Votes:

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S01417 Floor Votes:

There are no votes for this bill in this legislative session.
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S01417 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1417
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 12, 2015
                                       ___________
 
        Introduced by Sens. KENNEDY, CARLUCCI, KRUEGER -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes
 
        AN  ACT to amend the penal law, in relation to financial exploitation of
          the elderly and disabled
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 155.00 of the penal law is amended by adding four
     2  new subdivisions 10, 11, 12 and 13 to read as follows:
     3    10. "Elderly" means any person who is sixty years of age or older  and
     4  is  suffering  from a disease or infirmity associated with advanced age,
     5  which is manifested by physical, mental or emotional  dysfunctioning  to
     6  the  extent  that such person is incapable of avoiding or preventing the
     7  commission of a larceny against himself or herself.
     8    11. "Disabled" means any person who suffers from a permanent  physical
     9  or  mental  impairment,  as  a  result  of a disease, injury, functional
    10  disorder or congenital condition, to the  extent  that  such  person  is
    11  incapable  of avoiding or preventing the commission of a larceny against
    12  himself or herself.
    13    12. "Person in a position of trust" means a person who:
    14    (a) is the parent, spouse, adult child or other relative by  blood  or
    15  affinity of an elderly or disabled person; or
    16    (b)  is a joint tenant or tenant in common with an elderly or disabled
    17  person; or
    18    (c) has a fiduciary obligation to an elderly or disabled person; or
    19    (d) receives monetary or other valuable  consideration  for  providing
    20  care for the elderly or disabled person; or
    21    (e)  lives  with or provides some component of home care services on a
    22  continuing basis to the elderly or disabled person  including,  but  not
    23  limited  to, a neighbor or friend who does not provide such services but
    24  has access to the elderly or disabled person based on such relationship.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03204-01-5

        S. 1417                             2
 
     1    13. "Intimidation" means the communication to an elderly  or  disabled
     2  person  that  he  or  she  will be deprived of food, nutrition, shelter,
     3  medication, medical care or medical treatment.
     4    §  2.  Subdivision  2 of section 155.05 of the penal law is amended by
     5  adding a new paragraph (f) to read as follows:
     6    (f) By financial exploitation of the elderly or disabled.
     7    (i) A person obtains property by financial exploitation of the elderly
     8  or disabled, when being a person in a  position  of  trust,  he  or  she
     9  compels or induces an elderly or disabled person to deliver such proper-
    10  ty  to  himself or herself or to a third person by means of fraud, false
    11  promise, extortion or intimidation.
    12    (ii) No provision of this paragraph shall be deemed to impose criminal
    13  liability upon any person who in good faith seeks to assist  an  elderly
    14  or disabled person in the management of his or her property, but through
    15  no  fault  of  such  person  is unable to assist the elderly or disabled
    16  person.
    17    (iii) It shall be no defense to any prosecution for larceny  by  means
    18  of  financial exploitation of the elderly or disabled that the defendant
    19  did not know the facts and conditions responsible for making the  victim
    20  an elderly or disabled person.
    21    § 3. This act shall take effect on the first of November next succeed-
    22  ing the date on which it shall have become a law.
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