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.