Bill Text: NY S00335 | 2009-2010 | General Assembly | Introduced


Bill Title: Makes abandonment, non-support and endangering the welfare of a dependent adult, criminal acts; establishes reporting requirements for suspected crimes against dependent adults; provides penalties for failure to report.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S00335 Detail]

Download: New_York-2009-S00335-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          335
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sens.  BRESLIN,  DILAN,  DUANE, HASSELL-THOMPSON, KLEIN,
         KRUEGER, KRUGER, MONTGOMERY, ONORATO, SCHNEIDERMAN -- read  twice  and
         ordered  printed, and when printed to be committed to the Committee on
         Codes
       AN ACT to amend the penal law and the social services law,  in  relation
         to dependent adults
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding a  new  article  261  to
    2  read as follows:
    3                                  ARTICLE 261
    4                              DEPENDENT ADULTS
    5  SECTION 261.00  DEFINITIONS.
    6          261.05  ABANDONMENT OF A DEPENDENT ADULT.
    7          261.10  NON-SUPPORT OF A DEPENDENT ADULT.
    8          261.15  ENDANGERING THE WELFARE OF A DEPENDENT ADULT.
    9  S 261.00 DEFINITIONS.
   10    AS  USED  IN  THIS  ARTICLE,  THE FOLLOWING DEFINITIONS SHALL MEAN AND
   11  APPLY:
   12    1. "DEPENDENT ADULT" MEANS ANY PERSON EIGHTEEN YEARS OR OLDER  WHO  IS
   13  UNABLE TO CARE FOR THEMSELVES BECAUSE OF MENTAL DISEASE OR DEFECT OR ONE
   14  WHO OTHERWISE CANNOT MANAGE HIS OR HER OWN AFFAIRS.
   15    2. "CAREGIVER" MEANS THE PERSON WHO HAS ASSUMED RESPONSIBILITY FOR THE
   16  CARE  OF  A DEPENDENT ADULT AS EVIDENCED BY CONDUCT SHOWING CONTROL OVER
   17  SUCH DEPENDENT'S FINANCES, PROPERTY AND/OR CONDUCT.
   18    3. "NEGLECT" MEANS THE REFUSAL OR  FAILURE  TO  FULFILL  A  CARETAKING
   19  OBLIGATION  INCLUDING BUT NOT LIMITED TO ABANDONMENT, FAILURE TO PROVIDE
   20  FOOD AND DENIAL OF MEDICAL SERVICES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03582-01-9
       S. 335                              2
    1    4. "PHYSICAL ABUSE" MEANS THE INFLICTION OF PHYSICAL PAIN,  INJURY  OR
    2  COERCION  INCLUDING  BUT  NOT  LIMITED TO BEING BEATEN, SLAPPED, SHOVED,
    3  SEXUALLY MOLESTED, PHYSICALLY RESTRAINED OR BURNED.
    4    5. "FINANCIAL ABUSE" MEANS THE ILLEGAL OR IMPROPER EXPLOITATION AND/OR
    5  USE  OF FUNDS OR OTHER RESOURCES INCLUDING BUT NOT LIMITED TO EXTORTION,
    6  MISUSE OF DEPENDENT ADULT'S HOME, UNAUTHORIZED USE OF FUNDS OR VALUABLES
    7  AND TRANSFER OF REAL PROPERTY OR OTHER ASSETS.
    8    6. "PSYCHOLOGICAL ABUSE" IS THE INFLICTION OF MENTAL ANGUISH INCLUDING
    9  BUT NOT LIMITED TO THREATENING, NAME CALLING, FRIGHTENING, INTIMIDATING,
   10  HUMILIATING, ISOLATING AND INFANTILIZING.
   11  S 261.05 ABANDONMENT OF A DEPENDENT ADULT.
   12    A PERSON IS GUILTY OF ABANDONMENT OF A DEPENDENT ADULT IF, THE  PERSON
   13  DESERTS  SUCH DEPENDENT ADULT IN ANY PLACE WITH INTENT TO WHOLLY ABANDON
   14  THE DEPENDENT ADULT.
   15    ABANDONMENT OF A DEPENDENT ADULT IS A CLASS E FELONY.
   16  S 261.10 NON-SUPPORT OF A DEPENDENT ADULT.
   17    A PERSON IS GUILTY OF NON-SUPPORT OF A DEPENDENT ADULT WHEN,  BEING  A
   18  CAREGIVER  OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A
   19  DEPENDENT ADULT, HE OR SHE FAILS OR REFUSES  WITHOUT  LAWFUL  EXCUSE  TO
   20  PROVIDE  SUPPORT  FOR  SUCH DEPENDENT ADULT WHEN HE OR SHE IS ABLE TO DO
   21  SO, OR BECOMES UNABLE TO DO SO WHEN, THOUGH EMPLOYABLE, HE OR SHE VOLUN-
   22  TARILY TERMINATES HIS OR HER EMPLOYMENT, VOLUNTARILY REDUCES HIS OR  HER
   23  EARNING CAPACITY OR FAILS TO DILIGENTLY SEEK EMPLOYMENT.
   24    NON-SUPPORT OF A DEPENDENT ADULT IS A CLASS A MISDEMEANOR.
   25  S 261.15 ENDANGERING THE WELFARE OF A DEPENDENT ADULT.
   26    A  PERSON  IS  GUILTY  OF ENDANGERING THE WELFARE OF A DEPENDENT ADULT
   27  WHEN HE OR SHE KNOWINGLY PHYSICALLY OR PSYCHOLOGICALLY   OR  FINANCIALLY
   28  ABUSES, OR NEGLECTS, OR ACTS IN ANY MANNER LIKELY TO BE INJURIOUS TO THE
   29  PHYSICAL, MENTAL, FINANCIAL OR MORAL WELFARE OF A DEPENDENT ADULT.
   30    ENDANGERING THE WELFARE OF A DEPENDENT ADULT IS A CLASS A MISDEMEANOR.
   31    S 2. Subdivision 2 of section 20 of the social services law is amended
   32  by adding two new paragraphs (b-1) and (b-2) to read as follows:
   33    (B-1)  ESTABLISH,  OPERATE  AND  MAINTAIN A SINGLE STATEWIDE TOLL-FREE
   34  TELEPHONE NUMBER FOR THE PURPOSE OF RECEIVING TELEPHONE  CALLS  ALLEGING
   35  CRIMES COMMITTED AGAINST A DEPENDENT ADULT;
   36    (B-2)  ESTABLISH,  OPERATE  AND  MAINTAIN A SINGLE STATEWIDE TOLL-FREE
   37  HELPLINE/HOTLINE TELEPHONE NUMBER FOR THE PURPOSE OF RECEIVING TELEPHONE
   38  CALLS FROM FRUSTRATED CAREGIVERS;
   39    S 3. The social services law is amended by adding a new article 6-B to
   40  read as follows:
   41                                  ARTICLE 6-B
   42                              DEPENDENT ADULTS
   43  SECTION 459-L.  DEFINITIONS.
   44          459-M.  REPORTING PROCEDURE.
   45          459-N.  REPORTING SUSPECTED CRIMES AGAINST DEPENDENT ADULT.
   46          459-O.  PENALTIES FOR FAILURE TO REPORT.
   47          459-P.  ACTION ON REPORTS.
   48    S 459-L. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
   49  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   50    1.  "DEPENDENT  ADULT" MEANS ANY PERSON EIGHTEEN YEARS OR OLDER WHO IS
   51  UNABLE TO CARE FOR THEMSELVES BECAUSE OF MENTAL DISEASE OR DEFECT OR ONE
   52  WHO OTHERWISE CANNOT MANAGE HIS OR HER OWN AFFAIRS.
   53    2. "CAREGIVER" MEANS THE PERSON WHO HAS ASSUMED RESPONSIBILITY FOR THE
   54  CARE OF A DEPENDENT ADULT.
       S. 335                              3
    1    3. "NEGLECT" MEANS THE REFUSAL OR  FAILURE  TO  FULFILL  A  CARETAKING
    2  OBLIGATION  INCLUDING BUT NOT LIMITED TO ABANDONMENT, FAILURE TO PROVIDE
    3  FOOD AND DENIAL OF MEDICAL SERVICES.
    4    4.  "PHYSICAL  ABUSE" MEANS THE INFLICTION OF PHYSICAL PAIN, INJURY OR
    5  COERCION INCLUDING BUT NOT LIMITED TO  BEING  BEATEN,  SLAPPED,  SHOVED,
    6  SEXUALLY MOLESTED, PHYSICALLY RESTRAINED OR BURNED.
    7    5. "FINANCIAL ABUSE" MEANS THE ILLEGAL OR IMPROPER EXPLOITATION AND/OR
    8  USE  OF FUNDS OR OTHER RESOURCES INCLUDING BUT NOT LIMITED TO EXTORTION,
    9  MISUSE OF DEPENDENT ADULT'S HOME, UNAUTHORIZED USE OF FUNDS OR VALUABLES
   10  AND TRANSFER OF REAL PROPERTY OR OTHER ASSETS.
   11    6. "PSYCHOLOGICAL ABUSE" IS THE INFLICTION OF MENTAL ANGUISH INCLUDING
   12  BUT NOT LIMITED TO THREATENING, NAME CALLING, FRIGHTENING, INTIMIDATING,
   13  HUMILIATING, ISOLATING AND INFANTILIZING.
   14    S 459-M. REPORTING PROCEDURE. 1. REPORTS OF SUSPECTED  CRIMES  AGAINST
   15  DEPENDENT  ADULTS  SHALL  BE  MADE IMMEDIATELY BY TELEPHONE TO THE LOCAL
   16  POLICE DEPARTMENT OR TO THE STATE-WIDE HOTLINE ESTABLISHED  PURSUANT  TO
   17  SECTION  TWENTY  OF  THIS  CHAPTER.  ORAL REPORTS SHALL BE FOLLOWED BY A
   18  REPORT IN WRITING WITHIN FORTY-EIGHT HOURS AFTER SUCH  ORAL  REPORT  AND
   19  SHOULD BE MADE TO THE APPROPRIATE LOCAL ADULT PROTECTIVE SERVICE.
   20    2.  SUCH  REPORT  SHOULD  CONTAIN  THE  NAME AND ADDRESS OF THE VICTIM
   21  INVOLVED AND THE NAME AND ADDRESS OF THE CAREGIVER RESPONSIBLE  FOR  THE
   22  DEPENDENT  ADULT,  THE  VICTIM'S  AGE, SEX, RACE, ANY PHYSICAL OR MENTAL
   23  INCAPACITATION, NAME AND ADDRESS OF THE PERSON ALLEGED TO BE RESPONSIBLE
   24  FOR COMMITTING THE CRIME, THE SOURCE OF THE REPORT,  THE  PERSON  MAKING
   25  THE  REPORT  AND  WHERE  HE  OR SHE CAN BE REACHED, ACTIONS TAKEN BY THE
   26  REPORTING SOURCE INCLUDING THE TAKING OF PHOTOGRAPHS OR X-RAYS, VICTIM'S
   27  FAMILY COMPOSITION, ANY INFORMATION REGARDING THE NATURE AND  EXTENT  OF
   28  THE CRIME AND ANY OTHER INFORMATION WHICH THE REPORTER BELIEVES MIGHT BE
   29  HELPFUL  IN  AN INVESTIGATION OF THE CASE AND HELPFUL FOR THE PROTECTION
   30  OF SUCH DEPENDENT ADULT.
   31    3. ANY PERSON MAKING SUCH REPORT SHALL HAVE IMMUNITY FROM ANY  LIABIL-
   32  ITY,  CIVIL  OR  CRIMINAL, THAT MIGHT OTHERWISE RESULT BY REASON OF SUCH
   33  ACTIONS.
   34    S 459-N. REPORTING  SUSPECTED  CRIMES  AGAINST  DEPENDENT  ADULT.  THE
   35  FOLLOWING PERSONS AND OFFICIALS ARE REQUIRED TO REPORT OR CAUSE A REPORT
   36  TO  BE MADE, FOLLOWING THE REPORTING PROCEDURE OUTLINED IN THIS SECTION,
   37  WHEN   THEY HAVE REASONABLE CAUSE TO  SUSPECT  THAT  A  DEPENDENT  ADULT
   38  COMING  BEFORE  THEM IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY HAS BEEN
   39  THE VICTIM OF A CRIME: ANY  PHYSICIAN,  SURGEON,  PODIATRIST,  RESIDENT,
   40  INTERN,  PSYCHOLOGIST,  REGISTERED  NURSE, HOSPITAL PERSONNEL ENGAGED IN
   41  THE ADMISSION, EXAMINATION, CARE  OR  TREATMENT  OF  PERSONS,  CHRISTIAN
   42  SCIENCE PRACTITIONER, SOCIAL SERVICES WORKER OR ANY OTHER HEALTH PROFES-
   43  SIONAL, PEACE OFFICER, POLICE OFFICER OR LAW ENFORCEMENT OFFICIAL, ADULT
   44  CARE FACILITY ADMINISTRATORS, ANY PERSON PAID FOR CARING FOR A DEPENDENT
   45  ADULT,  ANY  STAFF  PERSON  EMPLOYED BY AN ADULT CARE FACILITY,  MEDICAL
   46  EXAMINER, DENTIST, OSTEOPATH, OPTOMETRIST, CHIROPRACTOR, CORONER,  CLER-
   47  GYMEN, PHARMACIST, PHYSICAL THERAPIST, PSYCHOLOGIST, PSYCHIATRIST OR ANY
   48  OTHER  MENTAL  HEALTH  PRACTITIONER,  ANY ATTORNEY, ACCOUNTANT, TRUSTEE,
   49  GUARDIAN, CONSERVATOR OR OTHER PERSON WHO HAS RESPONSIBILITY FOR PREPAR-
   50  ING THE TAX RECORDS OF A DEPENDENT ADULT OR A PERSON WHO HAS A FIDUCIARY
   51  RESPONSIBILITY FOR ANY OTHER ACTION CONCERNING THE USE  OR  PRESERVATION
   52  OF  A  DEPENDENT ADULT'S PROPERTY, WHO HAS A REASONABLE BASIS TO BELIEVE
   53  THAT  A  DEPENDENT  ADULT  IS  BEING   PHYSICALLY   OR   PSYCHOLOGICALLY
   54  MISTREATED,  NEGLECTED,  OR FINANCIALLY EXPLOITED ACCORDING TO THE DEFI-
   55  NITIONS STATED ABOVE.
       S. 335                              4
    1    S 459-O. PENALTIES FOR FAILURE TO REPORT. 1. ANY PERSON,  OFFICIAL  OR
    2  INSTITUTION  REQUIRED  BY  THIS  ARTICLE TO REPORT ANY CASE OF SUSPECTED
    3  CRIMES AGAINST DEPENDENT ADULTS WHO WILLFULLY FAILS TO DO  SO  SHALL  BE
    4  GUILTY OF A CLASS A MISDEMEANOR.
    5    2.  ANY  PERSON,  OFFICIAL  OR INSTITUTION REQUIRED BY THIS ARTICLE TO
    6  REPORT A CASE OF A SUSPECTED CRIME AGAINST A DEPENDENT ADULT  WHO  KNOW-
    7  INGLY  AND  WILLFULLY  FAILS  TO  DO  SO SHALL BE CIVILLY LIABLE FOR THE
    8  DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
    9    S 459-P. ACTION ON REPORTS. THE COMMISSIONER OF THE OFFICE OF CHILDREN
   10  AND FAMILY SERVICES UPON RECEIVING A REPORT OF  SUSPECTED  CRIMES  BEING
   11  COMMITTED  AGAINST  A DEPENDENT ADULT, SHALL CAUSE A PROMPT AND THOROUGH
   12  EVALUATION TO BE MADE, THROUGH THE APPROPRIATE LOCAL OR  COUNTY  DEPART-
   13  MENT  OF  SOCIAL  SERVICES  TO  DETERMINE  THE SITUATION RELATIVE TO THE
   14  CONDITION OF THE DEPENDENT ADULT AND WHAT ACTIONS OR SERVICES,  IF  ANY,
   15  ARE REQUIRED.
   16    S 4. This act shall take effect on the first of November next succeed-
   17  ing the date on which it shall have become a law.
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