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A09534 Summary:

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A09534 Floor Votes:

A09534 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9534
 
                   IN ASSEMBLY
 
                                    January 13, 2010
                                       ___________
 
        Introduced  by  M. of A. GORDON, SILVER -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to endangering the welfare of
          an incompetent or physically disabled person
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section 1. Section 260.30 of the penal law, as added by chapter 381 of
     2  the laws of 1998, is renumbered section 260.31.
     3    §  2.  Subdivision  1  of section 260.31 of the penal law, as added by
     4  chapter 381 of the laws of 1998, such section as renumbered  by  section
     5  one  of this act, is amended and a new subdivision 4 is added to read as
     6  follows:
     7    1. "Caregiver" means a person who (i) assumes responsibility  for  the
     8  care  of  a  vulnerable  elderly person, or an incompetent or physically
     9  disabled person pursuant to a court order; or (ii) receives monetary  or
    10  other valuable consideration for providing care for a vulnerable elderly
    11  person, or an incompetent or physically disabled person.
    12    4. "Incompetent or physically disabled person" means an individual who

    13  is unable to care for himself or herself because of physical disability,
    14  mental disease or defect.
    15    §  3. Sections 260.32 and 260.34 of the penal law, as added by chapter
    16  381 of the laws of 1998, subdivision 4 of section 260.32 as  amended  by
    17  chapter 1 of the laws of 2000, are amended to read as follows:
    18  §  260.32  Endangering the welfare of a vulnerable elderly person, or an
    19               incompetent or physically disabled  person  in  the  second
    20               degree.
    21    A  person is guilty of endangering the welfare of a vulnerable elderly
    22  person, or an incompetent or physically disabled person  in  the  second
    23  degree  when,  being  a caregiver for a vulnerable elderly person, or an
    24  incompetent or physically disabled person:

    25    1. With intent to cause physical injury to  such  person,  he  or  she
    26  causes such injury to such person; or
    27    2. He or she recklessly causes physical injury to such person; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15373-02-0
        A. 9534                             2
 
     1    3.  With criminal negligence, he or she causes physical injury to such
     2  person by means of a deadly weapon or a dangerous instrument; or
     3    4.  He  or  she  subjects  such  person  to sexual contact without the
     4  latter's consent. Lack of consent under this  subdivision  results  from
     5  forcible compulsion or incapacity to consent, as those terms are defined

     6  in  article  one  hundred  thirty  of this chapter, or any other circum-
     7  stances in which the vulnerable elderly person,  or  an  incompetent  or
     8  physically  disabled person does not expressly or impliedly acquiesce in
     9  the caregiver's conduct. In any prosecution under  this  subdivision  in
    10  which the victim's alleged lack of consent results solely from incapaci-
    11  ty  to consent because of the victim's mental disability or mental inca-
    12  pacity, the provisions of section 130.16 of this chapter shall apply. In
    13  addition, in  any  prosecution  under  this  subdivision  in  which  the
    14  victim's  lack  of consent is based solely upon his or her incapacity to
    15  consent because he or she was mentally disabled, mentally  incapacitated
    16  or physically helpless, it is an affirmative defense that the defendant,
    17  at  the  time he or she engaged in the conduct constituting the offense,

    18  did not know of the facts or conditions responsible for such  incapacity
    19  to consent.
    20    Endangering the welfare of a vulnerable elderly person, or an incompe-
    21  tent  or  physically  disabled  person in the second degree is a class E
    22  felony.
    23  § 260.34 Endangering the welfare of a vulnerable elderly person,  or  an
    24             incompetent  or  physically  disabled  person  in  the  first
    25             degree.
    26    A person is guilty of endangering the welfare of a vulnerable  elderly
    27  person,  or  an  incompetent  or physically disabled person in the first
    28  degree when, being a caregiver for a vulnerable elderly  person,  or  an
    29  incompetent or physically disabled person:
    30    1.  With  intent  to  cause  physical injury to such person, he or she

    31  causes serious physical injury to such person; or
    32    2. He or she recklessly causes serious physical injury to such person.
    33    Endangering the welfare of a vulnerable elderly person, or an incompe-
    34  tent or physically disabled person in the first  degree  is  a  class  D
    35  felony.
    36    §  4.  This  act  shall take effect on the sixtieth day after it shall
    37  have become a law.