Bill Text: NY S04725 | 2011-2012 | General Assembly | Introduced

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Bill Title: Includes the financial exploitation of the elderly or disabled within the definition of the crime of larceny; defines terms.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2012-06-13 - referred to codes [S04725 Detail]

Download: New_York-2011-S04725-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4725
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 15, 2011
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to financial exploitation  of
         the elderly and disabled
         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  four
    2  new subdivisions 10, 11, 12 and 13 to read as follows:
    3    10.  "ELDERLY" MEANS ANY PERSON WHO IS SIXTY YEARS OF AGE OR OLDER AND
    4  IS SUFFERING FROM A DISEASE OR INFIRMITY ASSOCIATED WITH  ADVANCED  AGE,
    5  WHICH  IS  MANIFESTED BY PHYSICAL, MENTAL OR EMOTIONAL DYSFUNCTIONING TO
    6  THE EXTENT THAT SUCH PERSON IS INCAPABLE OF AVOIDING OR  PREVENTING  THE
    7  COMMISSION OF A LARCENY AGAINST HIMSELF OR HERSELF.
    8    11.  "DISABLED" MEANS ANY PERSON WHO SUFFERS FROM A PERMANENT PHYSICAL
    9  OR MENTAL IMPAIRMENT, AS A  RESULT  OF  A  DISEASE,  INJURY,  FUNCTIONAL
   10  DISORDER  OR  CONGENITAL  CONDITION,  TO  THE EXTENT THAT SUCH PERSON IS
   11  INCAPABLE OF AVOIDING OR PREVENTING THE COMMISSION OF A LARCENY  AGAINST
   12  HIMSELF OR HERSELF.
   13    12. "PERSON IN A POSITION OF TRUST" MEANS A PERSON WHO:
   14    (A)  IS  THE PARENT, SPOUSE, ADULT CHILD OR OTHER RELATIVE BY BLOOD OR
   15  AFFINITY OF AN ELDERLY OR DISABLED PERSON; OR
   16    (B) IS A JOINT TENANT OR TENANT IN COMMON WITH AN ELDERLY OR  DISABLED
   17  PERSON; OR
   18    (C) HAS A FIDUCIARY OBLIGATION TO AN ELDERLY OR DISABLED PERSON; OR
   19    (D)  RECEIVES  MONETARY  OR OTHER VALUABLE CONSIDERATION FOR PROVIDING
   20  CARE FOR THE ELDERLY OR DISABLED PERSON; OR
   21    (E) LIVES WITH OR PROVIDES SOME COMPONENT OF HOME CARE SERVICES  ON  A
   22  CONTINUING  BASIS  TO  THE ELDERLY OR DISABLED PERSON INCLUDING, BUT NOT
   23  LIMITED TO, A NEIGHBOR OR FRIEND WHO DOES NOT PROVIDE SUCH SERVICES  BUT
   24  HAS ACCESS TO THE ELDERLY OR DISABLED PERSON BASED ON SUCH RELATIONSHIP.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06653-01-1
       S. 4725                             2
    1    13.  "INTIMIDATION"  MEANS THE COMMUNICATION TO AN ELDERLY OR DISABLED
    2  PERSON THAT HE OR SHE WILL BE  DEPRIVED  OF  FOOD,  NUTRITION,  SHELTER,
    3  MEDICATION, MEDICAL CARE OR MEDICAL TREATMENT.
    4    S  2.  Subdivision  2 of section 155.05 of the penal law is amended by
    5  adding a new paragraph (f) to read as follows:
    6    (F) BY FINANCIAL EXPLOITATION OF THE ELDERLY OR DISABLED.
    7    (I) A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF THE ELDERLY
    8  OR DISABLED, WHEN BEING A PERSON IN A  POSITION  OF  TRUST,  HE  OR  SHE
    9  COMPELS OR INDUCES AN ELDERLY OR DISABLED PERSON TO DELIVER SUCH PROPER-
   10  TY  TO  HIMSELF OR HERSELF OR TO A THIRD PERSON BY MEANS OF FRAUD, FALSE
   11  PROMISE, EXTORTION OR INTIMIDATION.
   12    (II) NO PROVISION OF THIS PARAGRAPH SHALL BE DEEMED TO IMPOSE CRIMINAL
   13  LIABILITY UPON ANY PERSON WHO IN GOOD FAITH SEEKS TO ASSIST  AN  ELDERLY
   14  OR DISABLED PERSON IN THE MANAGEMENT OF HIS OR HER PROPERTY, BUT THROUGH
   15  NO  FAULT  OF  SUCH  PERSON  IS UNABLE TO ASSIST THE ELDERLY OR DISABLED
   16  PERSON.
   17    (III) IT SHALL BE NO DEFENSE TO ANY PROSECUTION FOR LARCENY  BY  MEANS
   18  OF  FINANCIAL EXPLOITATION OF THE ELDERLY OR DISABLED THAT THE DEFENDANT
   19  DID NOT KNOW THE FACTS AND CONDITIONS RESPONSIBLE FOR MAKING THE  VICTIM
   20  AN ELDERLY OR DISABLED PERSON.
   21    S 3. This act shall take effect on the first of November next succeed-
   22  ing the date on which it shall have become a law.