Bill Text: NY S00660 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Includes the financial exploitation of the elderly or disabled within the definition of the crime of larceny; defines terms.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S00660 Detail]

Download: New_York-2017-S00660-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                           660
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
                                       ___________
        Introduced by Sens. KENNEDY, CARLUCCI, KRUEGER -- read twice and ordered
          printed, and when printed to be committed to the Committee on Aging
        AN  ACT to amend the penal law, in relation to financial exploitation of
          the elderly and disabled
          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 four
     2  new subdivisions 10, 11, 12 and 13 to read as follows:
     3    10. "Elderly" means any person who is sixty years of age or older  and
     4  is  suffering  from a disease or infirmity associated with advanced age,
     5  which is manifested by physical, mental or emotional  dysfunctioning  to
     6  the  extent  that such person is incapable of avoiding or preventing the
     7  commission of a larceny against himself or herself.
     8    11. "Disabled" means any person who suffers from a permanent  physical
     9  or  mental  impairment,  as  a  result  of a disease, injury, functional
    10  disorder or congenital condition, to the  extent  that  such  person  is
    11  incapable  of avoiding or preventing the commission of a larceny against
    12  himself or herself.
    13    12. "Person in a position of trust" means a person who:
    14    (a) is the parent, spouse, adult child or other relative by  blood  or
    15  affinity of an elderly or disabled person; or
    16    (b)  is a joint tenant or tenant in common with an elderly or disabled
    17  person; or
    18    (c) has a fiduciary obligation to an elderly or disabled person; or
    19    (d) receives monetary or other valuable  consideration  for  providing
    20  care for the elderly or disabled person; or
    21    (e)  lives  with or provides some component of home care services on a
    22  continuing basis to the elderly or disabled person  including,  but  not
    23  limited  to, a neighbor or friend who does not provide such services but
    24  has access to the elderly or disabled person based on such relationship.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00863-01-7
        S. 660                              2
     1    13. "Intimidation" means the communication to an elderly  or  disabled
     2  person  that  he  or  she  will be deprived of food, nutrition, shelter,
     3  medication, medical care or medical treatment.
     4    §  2.  Subdivision  2 of section 155.05 of the penal law is amended by
     5  adding a new paragraph (f) to read as follows:
     6    (f) By financial exploitation of the elderly or disabled.
     7    (i) A person obtains property by financial exploitation of the elderly
     8  or disabled, when being a person in a  position  of  trust,  he  or  she
     9  compels or induces an elderly or disabled person to deliver such proper-
    10  ty  to  himself or herself or to a third person by means of fraud, false
    11  promise, extortion or intimidation.
    12    (ii) No provision of this paragraph shall be deemed to impose criminal
    13  liability upon any person who in good faith seeks to assist  an  elderly
    14  or disabled person in the management of his or her property, but through
    15  no  fault  of  such  person  is unable to assist the elderly or disabled
    16  person.
    17    (iii) It shall be no defense to any prosecution for larceny  by  means
    18  of  financial exploitation of the elderly or disabled that the defendant
    19  did not know the facts and conditions responsible for making the  victim
    20  an elderly or disabled person.
    21    § 3. This act shall take effect on the first of November next succeed-
    22  ing the date on which it shall have become a law.