STATE OF NEW YORK
________________________________________________________________________
1857
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
___________
Introduced by M. of A. SCHIMMINGER, ENGLEBRIGHT, GUNTHER, JAFFEE, OTIS,
SIMOTAS, COOK, BRONSON -- Multi-Sponsored by -- M. of A.
PEOPLES-STOKES, PERRY, STECK, THIELE -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to the definition of mentally
disabled and in relation to larceny
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 a new
2 subdivision 10 to read as follows:
3 10. "Mentally disabled" means that a person suffers from a mental
4 disease, defect or condition which renders him or her incapable of
5 appraising the nature of the conduct constituting the taking, obtaining
6 or withholding of his or her property.
7 § 2. Section 155.10 of the penal law is amended to read as follows:
8 § 155.10 Larceny; no defense.
9 1. The crimes of (a) larceny committed by means of extortion and an
10 attempt to commit the same, and (b) bribe receiving by a labor official
11 as defined in section 180.20 of this part, and bribe receiving as
12 defined in section 200.05 of this part, are not mutually exclusive, and
13 it is no defense to a prosecution for larceny committed by means of
14 extortion or for an attempt to commit the same that, by reason of the
15 same conduct, the defendant also committed one of such specified crimes
16 of bribe receiving.
17 2. It is no defense to a prosecution for larceny that the defendant
18 obtained consent to take, withhold, or obtain property, where such
19 consent was obtained from a person whom the defendant knew or had reason
20 to know was mentally disabled.
21 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02852-02-9