Bill Text: NY A01498 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Increases the penalties for larceny and fraudulent accosting when the victim is 65 years of age or older.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01498 Detail]

Download: New_York-2015-A01498-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1498
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
         Committee on Codes
       AN ACT to amend the penal law, in relation to theft of property  from  a
         senior citizen and creating the class E felony of fraudulent accosting
         in the first degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 155.30 of the penal law is amended by adding a  new
    2  subdivision 12 to read as follows:
    3    12. THE VALUE OF THE PROPERTY EXCEEDS TWO HUNDRED FIFTY DOLLARS AND IS
    4  TAKEN FROM A PERSON WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER.
    5    S 2. Section 165.30 of the penal law, as amended by chapter 772 of the
    6  laws of 1971, is amended to read as follows:
    7  S 165.30 Fraudulent accosting IN THE SECOND DEGREE.
    8    1.  A  person  is  guilty of fraudulent accosting IN THE SECOND DEGREE
    9  when he OR SHE accosts a person in a public place with intent to defraud
   10  him OR HER of money or other property by means of a  trick,  swindle  or
   11  confidence game.
   12    2.  A  person  who,  either at the time he OR SHE accosts another in a
   13  public place or at some subsequent time or at some  other  place,  makes
   14  statements  to  him  OR HER or engages in conduct with respect to him OR
   15  HER of a kind commonly made or performed in the perpetration of a  known
   16  type of confidence game, is presumed to intend to defraud such person of
   17  money or other property.
   18    Fraudulent accosting IN THE SECOND DEGREE is a class A misdemeanor.
   19    S  3.  The penal law is amended by adding a new section 165.32 to read
   20  as follows:
   21  S 165.32  FRAUDULENT ACCOSTING IN THE FIRST DEGREE.
   22    1. A PERSON IS GUILTY OF FRAUDULENT ACCOSTING IN THE FIRST DEGREE WHEN
   23  HE OR SHE ACCOSTS A PERSON, WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER,  IN
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00628-01-5
       A. 1498                             2
    1  A PUBLIC PLACE WITH INTENT TO DEFRAUD HIM OR HER OF MONEY OR OTHER PROP-
    2  ERTY BY MEANS OF A TRICK, SWINDLE OR CONFIDENCE GAME.
    3    2.  A  PERSON  WHO,  EITHER AT THE TIME HE OR SHE ACCOSTS ANOTHER IN A
    4  PUBLIC PLACE OR AT SOME SUBSEQUENT TIME OR AT SOME  OTHER  PLACE,  MAKES
    5  STATEMENTS  TO  HIM  OR HER OR ENGAGES IN CONDUCT WITH RESPECT TO HIM OR
    6  HER OF A KIND COMMONLY MADE OR PERFORMED IN THE PERPETRATION OF A  KNOWN
    7  TYPE OF CONFIDENCE GAME, IS PRESUMED TO INTEND TO DEFRAUD SUCH PERSON OF
    8  MONEY OR OTHER PROPERTY.
    9    FRAUDULENT ACCOSTING IN THE FIRST DEGREE IS A CLASS E FELONY.
   10    S 4. This act shall take effect on the first of November next succeed-
   11  ing the date on which it shall have become a law.