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A07997 Summary:

BILL NOA07997
 
SAME ASSAME AS S01650
 
SPONSORCusick
 
COSPNSRStern, Lunsford, Galef, Griffin
 
MLTSPNSR
 
Amd §§660.20 & 190.25, CP L; amd §§155.00 & 155.10, Pen L
 
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.
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A07997 Actions:

BILL NOA07997
 
06/04/2021referred to codes
01/05/2022referred to codes
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A07997 Memo:

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.
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A07997 Text:



 
                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.
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