Bill Text: NY A00199 | 2021-2022 | General Assembly | Introduced

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Bill Title: Increases the penalties for larceny and fraudulent accosting when the victim is 65 years of age or older.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A00199 Detail]

Download: New_York-2021-A00199-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           199

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to theft of property  from  a
          senior citizen and creating the class E felony of fraudulent accosting
          in the first degree

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 155.30 of the penal law is amended by adding a  new
     2  subdivision 12 to read as follows:
     3    12. The value of the property exceeds two hundred fifty dollars and is
     4  taken from a person who is sixty-five years of age or older.
     5    § 2. Section 165.30 of the penal law, as amended by chapter 772 of the
     6  laws of 1971, is amended to read as follows:
     7  § 165.30 Fraudulent accosting in the second degree.
     8    1.  A  person  is  guilty of fraudulent accosting in the second degree
     9  when he or she accosts a person in a public place with intent to defraud
    10  him or her of money or other property by means of a  trick,  swindle  or
    11  confidence game.
    12    2.  A  person  who,  either at the time he or she accosts another in a
    13  public place or at some subsequent time or at some  other  place,  makes
    14  statements  to  him  or her or engages in conduct with respect to him or
    15  her of a kind commonly made or performed in the perpetration of a  known
    16  type of confidence game, is presumed to intend to defraud such person of
    17  money or other property.
    18    Fraudulent accosting in the second degree is a class A misdemeanor.
    19    §  3.  The penal law is amended by adding a new section 165.32 to read
    20  as follows:
    21  § 165.32  Fraudulent accosting in the first degree.
    22    1. A person is guilty of fraudulent accosting in the first degree when
    23  he or she accosts a person, who is sixty-five years of age or older,  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03971-01-1
        A. 199                              2

     1  a public place with intent to defraud him or her of money or other prop-
     2  erty by means of a trick, swindle or confidence game.
     3    2.  A  person  who,  either at the time he or she accosts another in a
     4  public place or at some subsequent time or at some  other  place,  makes
     5  statements  to  him  or her or engages in conduct with respect to him or
     6  her of a kind commonly made or performed in the perpetration of a  known
     7  type of confidence game, is presumed to intend to defraud such person of
     8  money or other property.
     9    Fraudulent accosting in the first degree is a class E felony.
    10    § 4. This act shall take effect on the first of November next succeed-
    11  ing the date on which it shall have become a law.