Establishes a rebuttable presumption that certain transfers of money or property by an elderly, incompetent or incapacitated person were a wrongful taking in violation larceny statutes.
STATE OF NEW YORK
________________________________________________________________________
9143
2025-2026 Regular Sessions
IN ASSEMBLY
October 17, 2025
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to establishing a rebuttable
presumption in certain crimes against an elderly, incompetent or inca-
pacitated 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 section 155.44 to
2 read as follows:
3 § 155.44 Rebuttable presumption regarding elderly, incompetent or inca-
4 pacitated victims.
5 There shall be a rebuttable presumption that any transfer of money or
6 property valued in excess of ten thousand dollars at the time of the
7 transfer, whether in a single transaction or multiple transactions, by a
8 person who is elderly, incompetent or incapacitated to a non-benefici-
9 ary, and for which the transferor did not receive the reasonably equiv-
10 alent financial value in goods or services, was a wrongful taking under
11 this article.
12 § 2. This act shall take effect immediately and shall apply to crimi-
13 nal proceedings commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13517-01-5
