Allows for the conditional examination of victims who are at least 75 years of age; amends the definition of larceny to ensure that alleged consent by a victim who is mentally disabled is a not a defense to larceny; permits a caregiver to accompany a vulnerable victim into the grand jury.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7997
SPONSOR: Cusick TITLE OF BILL:
An act to amend the criminal procedure law, in relation to conditional
examination of seniors before trial and a senior's participation in
grand jury proceedings; and to amend the penal law, in relation to
defenses to larceny when the victim is mentally disabled
PURPOSE OR GENERAL IDEA OF BILL:
Relates to the conditional examination of seniors before trial and a
senior's participation in grand jury proceedings
SUMMARY OF PROVISIONS:
Section 1: Allows seniors aged seventy-five or older to be examined
conditionally as witnesses rather than be subjected to the stresses of a
trial.
Section 2: Defines the term "mentally disabled" for purposes of the law.
Section 3: Bans an individual charged with larceny from defending
himself or herself by claiming that he or she had consent from the
victim to take his or her property, if the defendant knew or should have
known that the victim was mentally disabled.
Section 4: Adds "social worker or informal caregiver" for a vulnerable
elderly person to the list of individuals who may be present during
grand jury proceedings.
Section 5: Effective date.
JUSTIFICATION:
Senior citizens and individuals with mental disabilities face unique
challenges in the justice system. This bill addresses some of those
challenges by making it easier for seniors of advanced age or reduced
capacity to deal with criminal proceedings and harder for individuals
who steal from people with mental disabilities to get away with a crime.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7997
2021-2022 Regular Sessions
IN ASSEMBLY
June 4, 2021
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to conditional
examination of seniors before trial and a senior's participation in
grand jury proceedings; and to amend the penal law, in relation to
defenses to larceny when the victim is mentally disabled
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 660.20 of the criminal procedure
2 law is amended to read as follows:
3 2. Will not be amenable or responsive to legal process or available as
4 a witness at a time when his or her testimony will be sought, [either]
5 because he or she is:
6 (a) About to leave the state and not return for a substantial period
7 of time; [or]
8 (b) Physically ill or incapacited[.]; or
9 (c) Of an advanced age, which for the purposes of this section, shall
10 mean seventy-five years of age or older.
11 § 2. Section 155.00 of the penal law is amended by adding a new subdi-
12 vision 10 to read as follows:
13 10. "Mentally disabled" means that a person suffers from a mental
14 disease, defect or condition which renders him or her incapable of
15 appraising the nature of the conduct constituting the taking, obtaining
16 or withholding of his or her property.
17 § 3. Section 155.10 of the penal law is amended to read as follows:
18 § 155.10 Larceny; no defense.
19 1. The crimes of (a) larceny committed by means of extortion and an
20 attempt to commit the same, and (b) bribe receiving by a labor official
21 as defined in section 180.20, and bribe receiving as defined in section
22 200.05, are not mutually exclusive, and it is no defense to a prose-
23 cution for larceny committed by means of extortion or for an attempt to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05675-01-1
A. 7997 2
1 commit the same that, by reason of the same conduct, the defendant also
2 committed one of such specified crimes of bribe receiving.
3 2. It is no defense to a prosecution for larceny that the defendant
4 obtained consent to take, withhold, or obtain property, where such
5 consent was obtained from a person whom the defendant knew or had reason
6 to know was mentally disabled.
7 § 4. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
8 procedure law, as amended by chapter 347 of the laws of 2014, is amended
9 and a new paragraph (i) is added to read as follows:
10 (h) A social worker, rape crisis counselor, psychologist or other
11 professional providing emotional support to a child witness twelve years
12 old or younger[, or a social worker or informal caregiver, as provided
13 in subdivision two of section two hundred six of the elder law, for a
14 vulnerable elderly person as provided in subdivision three of section
15 260.31 of the penal law,] who is called to give evidence in a grand jury
16 proceeding concerning a crime defined in article one hundred twenty-one,
17 article one hundred thirty, article two hundred sixty, section 120.10,
18 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27
19 of the penal law provided that the district attorney consents. Such
20 support person shall not provide the witness with an answer to any ques-
21 tion or otherwise participate in such proceeding and shall first take an
22 oath before the grand jury that he or she will keep secret all matters
23 before such grand jury within his or her knowledge.
24 (i) A social worker or informal caregiver, as defined in subdivision
25 two of section two hundred six of the elder law, for a vulnerable elder-
26 ly person as defined in subdivision three of section 260.31 of the penal
27 law, as added by chapter three hundred eighty-one of the laws of nine-
28 teen hundred ninety-eight, who is called to give evidence in a grand
29 jury proceeding, concerning any type of offense, provided that the
30 district attorney consents. Such support person shall not provide the
31 witness with an answer to any question or otherwise participate in such
32 proceeding and shall first take an oath before the grand jury that he or
33 she will keep secret all matters before such grand jury within his or
34 her knowledge.
35 § 5. This act shall take effect immediately.
