Bill Text: NY A02585 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to creating definitions with respect to larceny from a mentally disabled or mentally incapacitated person and establishing an affirmative defense thereto

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A02585 Detail]

Download: New_York-2009-A02585-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2585
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2009
                                      ___________
       Introduced by M. of A. CLARK, CANESTRARI, CARROZZA -- Multi-Sponsored by
         --  M.  of  A. BUTLER, COLTON, COOK, DESTITO, GALEF, MAGEE, MAYERSOHN,
         NOLAN, SCARBOROUGH, SWEENEY -- read once and referred to the Committee
         on Codes
       AN ACT to amend the penal law, in relation to creating definitions  with
         respect  to larceny from a mentally disabled or mentally incapacitated
         person and establishing an affirmative defense thereto
         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 two
    2  new subdivisions 10 and 11 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 WHETHER TO GIVE OR WITHHOLD CONSENT TO THE TAKING,  OBTAINING
    6  OR WITHHOLDING OF HIS OR HER PROPERTY.
    7    11. "MENTALLY INCAPACITATED" MEANS THAT A PERSON IS RENDERED INCAPABLE
    8  OF APPRAISING WHETHER TO GIVE OR WITHHOLD CONSENT TO THE TAKING, OBTAIN-
    9  ING  OR  WITHHOLDING  OF HIS OR HER PROPERTY OWING TO THE INFLUENCE OF A
   10  CONTROLLED OR INTOXICATING SUBSTANCE.
   11    S 2. Paragraph (a) of subdivision 2 of section 155.05 of the penal law
   12  is amended to read as follows:
   13    (a) By conduct heretofore defined or known as common  law  larceny  by
   14  trespassory  taking,  common  law  larceny  by  trick,  embezzlement, or
   15  obtaining property by false pretenses, AND SUCH CONDUCT INCLUDES BUT  IS
   16  NOT LIMITED TO, THE WRONGFUL TAKING, OBTAINING OR WITHHOLDING OF PROPER-
   17  TY  BY  A  PERSON  WHO  KNOWS  OR HAS REASON TO KNOW THAT THE OWNER IS A
   18  MENTALLY DISABLED OR MENTALLY INCAPACITATED PERSON;
   19    S 3. Section 155.15 of the penal law is amended by adding a new subdi-
   20  vision 3 to read as follows:
   21    3. IN ANY PROSECUTION FOR LARCENY COMMITTED BY TRESPASSORY  TAKING  OR
   22  EMBEZZLEMENT  FROM A MENTALLY DISABLED OR MENTALLY INCAPACITATED PERSON,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04627-01-9
       A. 2585                             2
    1  IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT APPROPRIATED SUCH  PROP-
    2  ERTY  IN THE COURSE OF RENDERING ASSISTANCE WHICH BENEFITTED SUCH PERSON
    3  IN THE MANAGEMENT OF HIS OR HER AFFAIRS, AND THE VALUE OF SUCH  PROPERTY
    4  WAS COMMENSURATE WITH THE BENEFIT CONFERRED.
    5    S 4. This act shall take effect on the first of November next succeed-
    6  ing the date on which it shall have become a law.