Bill Text: NY A01994 | 2021-2022 | General Assembly | Introduced
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
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. LBD04758-01-1A. 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.