STATE OF NEW YORK ________________________________________________________________________ 7712 IN SENATE February 10, 2020 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed 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 added by chap- 8 ter 455 of the laws of 2016, is amended to read as follows: 9 16. to the extent appropriations are available, and in consultation 10 with the office of children and family services, conduct a public educa- 11 tion campaign that emphasizes zero-tolerance for elder abuse. Such 12 campaign shall include information about the signs and symptoms of elder 13 abuse, identification of potential causes of elder abuse, resources 14 available to assist in the prevention of elder abuse, where suspected 15 elder abuse can be reported, contact information for programs offering 16 services to victims of elder abuse such as counseling, and assistance 17 with arranging personal care and shelter. Such campaign may include, but 18 not be limited to: printed educational and informational materials; 19 audio, video, electronic, other media; and public service announcements 20 or advertisements. For purposes of this subdivision, the term "elder 21 abuse" shall have the same meaning as the term "Elder abuse or exploita- 22 tion" as set forth in paragraph (i) of subdivision one of section two 23 hundred nine of this title. 24 § 3. Subdivision 1 of section 215 of the elder law is amended by 25 adding a new paragraph (f) to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15090-01-0S. 7712 2 1 (f) "Elder abuse" shall have the same meaning as the term "Elder abuse 2 or exploitation" as set forth in paragraph (i) of subdivision one of 3 section two hundred nine of this title. 4 § 4. Subdivision 1 of section 217 of the elder law is amended by 5 adding a new paragraph (f) to read as follows: 6 (f) "Elder abuse" shall have the same meaning as the term "Elder abuse 7 or exploitation" as set forth in paragraph (i) of subdivision one of 8 section two hundred nine of this title. 9 § 5. Section 214-c of the executive law, as added by chapter 184 of 10 the laws of 2008, is amended to read as follows: 11 § 214-c. Elder abuse awareness. The superintendent, in cooperation 12 with the state office for the aging and the office of children and fami- 13 ly services, shall, for all members of the division of state police: (1) 14 develop, maintain and disseminate educational material relating to abuse 15 of adults, including physical abuse, sexual abuse, emotional abuse, 16 active neglect, passive neglect, self neglect, and financial exploita- 17 tion, as such terms are defined in section four hundred seventy-three of 18 the social services law, and identity theft, and (2) establish and 19 implement written procedures and policies in the event a member of the 20 division of state police encounters such abuse, including the provision 21 of information and referral. 22 § 6. Subdivision e of section 21-201 of the administrative code of the 23 city of New York, as added by local law number 43 of the city of New 24 York for the year 2008, is amended to read as follows: 25 e. "Elder abuse" shall mean any knowing, intentional, or negligent act 26 by a caregiver or any other person holding a trusting relationship with 27 a vulnerable older adult, which causes harm or a serious risk of harm to 28 that older adult including physical, emotional, sexual, or financial 29 harm, or harm related to identity theft, or neglect, abandonment or 30 confinement. 31 § 7. This act shall take effect immediately.