Bill Text: NY A01994 | 2021-2022 | General Assembly | Introduced

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Bill Title: Incorporates identity theft into the definition of elder abuse for purposes of support services and programs for elder persons.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2021-03-08 - substituted by s1560 [A01994 Detail]

Download: New_York-2021-A01994-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1994

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Aging

        AN ACT to amend the elder law, the executive law and the  administrative
          code  of  the  city of New York, in relation to incorporating identity
          theft into the definition of  elder  abuse  for  purposes  of  support
          services and programs for elder persons

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 209 of the elder law is amended by
     2  adding a new paragraph (i) to read as follows:
     3    (i) "Elder abuse or exploitation" shall mean  any  knowing  or  inten-
     4  tional act by a person which causes harm or a serious risk of harm to an
     5  older adult including physical, emotional, sexual, or financial harm, or
     6  harm related to identity theft, or neglect, abandonment or confinement.
     7    §  2.  Subdivision  16  of section 202 of the elder law, as amended by
     8  section 1 of subpart J of part XX of chapter 55 of the laws of 2020,  is
     9  amended to read as follows:
    10    16.  to  the  extent appropriations are available, and in consultation
    11  with the office of children and family services, conduct a public educa-
    12  tion campaign that  emphasizes  zero-tolerance  for  elder  abuse.  Such
    13  campaign shall include information about the signs and symptoms of elder
    14  abuse,  identification  of  potential  causes  of elder abuse, resources
    15  available to assist in the prevention of elder  abuse,  where  suspected
    16  elder  abuse  can be reported, contact information for programs offering
    17  services to victims of elder abuse such as  counseling,  and  assistance
    18  with arranging personal care and shelter. Such campaign may include, but
    19  not  be  limited  to:  printed  educational and informational materials;
    20  audio, video, electronic, other media; and public service  announcements
    21  or  advertisements[;  and].  For  purposes of this subdivision, the term
    22  "elder abuse" shall have the same meaning as the term  "elder  abuse  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04758-01-1
        A. 1994                             2

     1  exploitation"  as  set  forth  in  paragraph  (i)  of subdivision one of
     2  section two hundred nine of this title; and
     3    §  3.  Subdivision  1  of  section  215 of the elder law is amended by
     4  adding a new paragraph (f) to read as follows:
     5    (f) "Elder abuse" shall have the same meaning as the term "elder abuse
     6  or exploitation" as set forth in paragraph (i)  of  subdivision  one  of
     7  section two hundred nine of this title.
     8    §  4.  Subdivision  1  of  section  217 of the elder law is amended by
     9  adding a new paragraph (f) to read as follows:
    10    (f) "Elder abuse" shall have the same meaning as the term "elder abuse
    11  or exploitation" as set forth in paragraph (i)  of  subdivision  one  of
    12  section two hundred nine of this title.
    13    §  5.  Section  214-c of the executive law, as added by chapter 184 of
    14  the laws of 2008, is amended to read as follows:
    15    § 214-c. Elder abuse awareness.  The  superintendent,  in  cooperation
    16  with the state office for the aging and the office of children and fami-
    17  ly services, shall, for all members of the division of state police: (1)
    18  develop, maintain and disseminate educational material relating to abuse
    19  of  adults,  including  physical  abuse,  sexual abuse, emotional abuse,
    20  active neglect, passive neglect, self neglect, and  financial  exploita-
    21  tion, as such terms are defined in section four hundred seventy-three of
    22  the  social  services  law,  and  identity  theft, and (2) establish and
    23  implement written procedures and policies in the event a member  of  the
    24  division  of state police encounters such abuse, including the provision
    25  of information and referral.
    26    § 6. Subdivision e of section 21-201 of the administrative code of the
    27  city of New York, as added by local law number 43 of  the  city  of  New
    28  York for the year 2008, is amended to read as follows:
    29    e. "Elder abuse" shall mean any knowing, intentional, or negligent act
    30  by  a caregiver or any other person holding a trusting relationship with
    31  a vulnerable older adult, which causes harm or a serious risk of harm to
    32  that older adult including physical,  emotional,  sexual,  or  financial
    33  harm,  or  harm  related  to  identity theft, or neglect, abandonment or
    34  confinement.
    35    § 7. This act shall take effect immediately.