Bill Text: NY S05900 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S05900 Detail]

Download: New_York-2017-S05900-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5900
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 5, 2017
                                       ___________
        Introduced  by Sen. GALLIVAN -- 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 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, and bribe receiving as defined in section
    12  200.05, are not mutually exclusive, and it is no  defense  to  a  prose-
    13  cution  for larceny committed by means of extortion or for an attempt to
    14  commit the same that, by reason of the same conduct, the defendant  also
    15  committed one of such specified crimes of bribe receiving.
    16    2.  It  is  no defense to a prosecution for larceny that the defendant
    17  obtained consent to take,  withhold,  or  obtain  property,  where  such
    18  consent was obtained from a person whom the defendant knew or had reason
    19  to know was mentally disabled.
    20    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00100-01-7