Bill Text: NY S01417 | 2015-2016 | 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 3-0)
Status: (Engrossed - Dead) 2016-05-10 - referred to codes [S01417 Detail]
Download: New_York-2015-S01417-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1417 2015-2016 Regular Sessions I N S E N A T E January 12, 2015 ___________ Introduced by Sens. KENNEDY, CARLUCCI, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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. LBD03204-01-5 S. 1417 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 S 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 S 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.