Bill Text: NY A01857 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the definition of mentally disabled and the crime of larceny.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced) 2019-01-17 - referred to codes [A01857 Detail]

Download: New_York-2019-A01857-Introduced.html


                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
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