Bill Text: NY S05056 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the crimes of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person in the first, second, and third degree.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S05056 Detail]
Download: New_York-2011-S05056-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5056 2011-2012 Regular Sessions I N S E N A T E May 3, 2011 ___________ Introduced by Sen. GALLIVAN -- 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 preventing financial exploitation of the elderly THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 260.31 of the penal law, as added by chapter 381 2 of the laws of 1998, subdivision 1 as amended, subdivision 4 as added 3 and such section as renumbered by chapter 14 of the laws of 2010 and 4 subdivision 2 as amended by chapter 193 of the laws of 2010, is amended 5 to read as follows: 6 S 260.31 Vulnerable elderly persons; definitions. 7 For the purpose of sections 260.32 [and], 260.34, 260.35, 260.36 AND 8 260.37 of this article, the following definitions shall apply: 9 1. "Caregiver" means a person who (i) assumes responsibility for the 10 care of a vulnerable elderly person, or an incompetent or physically 11 disabled person pursuant to a court order; or (ii) receives monetary or 12 other valuable consideration for providing care for a vulnerable elderly 13 person, or an incompetent or physically disabled person. "CAREGIVER" 14 MAY ALSO INCLUDE, BUT IS NOT LIMITED TO, RELATIVES, VOLUNTARY GUARDIANS, 15 ADULT HOUSEHOLD MEMBERS, NEIGHBORS, OR HEALTH CARE PROVIDERS. 16 2. "Sexual contact" means any touching of the sexual or other intimate 17 parts of a person for the purpose of gratifying sexual desire of either 18 party. It includes the touching of the actor by the victim, as well as 19 the touching of the victim by the actor, whether directly or through 20 clothing, as well as the emission of ejaculate by the actor upon any 21 part of the victim, clothed or unclothed. 22 3. "Vulnerable elderly person" means a person sixty years of age or 23 older who is suffering from a disease or infirmity associated with 24 advanced age and manifested by demonstrable physical, mental or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11138-02-1 S. 5056 2 1 emotional dysfunction to the extent that the person is incapable of 2 adequately providing for his or her own health or personal care. 3 4. "Incompetent or physically disabled person" means an individual who 4 is unable to care for himself or herself because of physical disability, 5 mental disease or defect. 6 5. "DECEPTION" MEANS MISREPRESENTING OR CONCEALING A MATERIAL FACT IN 7 RELATION TO: 8 A. SERVICES RENDERED, DISPOSITION OF PROPERTY, OR USE OF PROPERTY, 9 WHEN SUCH SERVICES OR PROPERTY ARE INTENDED TO BENEFIT AN ELDERLY 10 PERSON, VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED 11 PERSON; OR 12 B. TERMS OF A CONTRACT OR AGREEMENT ENTERED INTO WITH AN ELDERLY 13 PERSON, VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED 14 PERSON; OR 15 C. AN EXISTING OR PREEXISTING CONDITION OF ANY PROPERTY INVOLVED IN A 16 CONTRACT OR AGREEMENT ENTERED INTO WITH AN ELDERLY PERSON, VULNERABLE 17 ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON. 18 6. "ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER. 19 S 2. The penal law is amended by adding three new sections 260.35, 20 260.36 and 260.37 to read as follows: 21 S 260.35 EXPLOITATION OF AN ELDERLY PERSON, VULNERABLE ELDERLY PERSON OR 22 INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE FIRST 23 DEGREE. 24 A PERSON IS GUILTY OF EXPLOITATION OF AN ELDERLY PERSON, VULNERABLE 25 ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE FIRST 26 DEGREE WHEN HE OR SHE, THROUGH A BUSINESS RELATIONSHIP OR THEIR CAREGIV- 27 ER STATUS, KNOWINGLY, BY DECEPTION OR INTIMIDATION, OBTAINS, USES OR 28 ENDEAVORS TO OBTAIN OR USE, AN ELDERLY PERSON'S, A VULNERABLE ELDERLY 29 PERSON'S OR INCOMPETENT OR PHYSICALLY DISABLED PERSON'S FUNDS, ASSETS, 30 OR PROPERTY WITH THE INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE 31 ELDERLY PERSON, VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY 32 DISABLED PERSON OF THE USE, BENEFIT, OR POSSESSION OF THE FUNDS, ASSETS, 33 OR PROPERTY, OR TO BENEFIT SOMEONE OTHER THAN THE ELDERLY PERSON OR 34 INCOMPETENT OR PHYSICALLY DISABLED PERSON, WHEN SUCH FUNDS, ASSETS OR 35 PROPERTY ARE VALUED AT ONE HUNDRED THOUSAND DOLLARS OR MORE. 36 EXPLOITATION OF AN ELDERLY PERSON, VULNERABLE ELDERLY PERSON OR INCOM- 37 PETENT OR PHYSICALLY DISABLED PERSON IN THE FIRST DEGREE IS A CLASS B 38 FELONY. 39 S 260.36 EXPLOITATION OF AN ELDERLY PERSON, VULNERABLE ELDERLY PERSON OR 40 INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE SECOND 41 DEGREE. 42 A PERSON IS GUILTY OF EXPLOITATION OF AN ELDERLY PERSON, VULNERABLE 43 ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE 44 SECOND DEGREE WHEN HE OR SHE, THROUGH A BUSINESS RELATIONSHIP OR THEIR 45 CAREGIVER STATUS, KNOWINGLY, BY DECEPTION OR INTIMIDATION, OBTAINS, USES 46 OR ENDEAVORS TO OBTAIN OR USE, AN ELDERLY PERSON'S, VULNERABLE ELDERLY 47 PERSON'S OR INCOMPETENT OR PHYSICALLY DISABLED PERSON'S FUNDS, ASSETS, 48 OR PROPERTY WITH THE INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE 49 ELDERLY PERSON, VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY 50 DISABLED PERSON OF THE USE, BENEFIT, OR POSSESSION OF THE FUNDS, ASSETS, 51 OR PROPERTY, OR TO BENEFIT SOMEONE OTHER THAN THE ELDERLY PERSON, 52 VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, 53 WHEN SUCH FUNDS, ASSETS OR PROPERTY ARE VALUED AT THREE THOUSAND DOLLARS 54 OR MORE. S. 5056 3 1 EXPLOITATION OF AN ELDERLY PERSON, VULNERABLE ELDERLY PERSON OR INCOM- 2 PETENT OR PHYSICALLY DISABLED PERSON IN THE SECOND DEGREE IS A CLASS C 3 FELONY. 4 S 260.37 EXPLOITATION OF AN ELDERLY PERSON, VULNERABLE ELDERLY PERSON OR 5 INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE THIRD 6 DEGREE. 7 A PERSON IS GUILTY OF EXPLOITATION OF AN ELDERLY PERSON, VULNERABLE 8 ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON IN THE THIRD 9 DEGREE WHEN HE OR SHE, THROUGH A BUSINESS RELATIONSHIP OR THEIR CAREGIV- 10 ER STATUS, KNOWINGLY, BY DECEPTION OR INTIMIDATION, OBTAINS, USES OR 11 ENDEAVORS TO OBTAIN OR USE, AN ELDERLY PERSON'S, VULNERABLE ELDERLY 12 PERSON'S OR INCOMPETENT OR PHYSICALLY DISABLED PERSON'S FUNDS, ASSETS, 13 OR PROPERTY WITH THE INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE 14 ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON OF THE USE, 15 BENEFIT, OR POSSESSION OF THE FUNDS, ASSETS, OR PROPERTY, OR TO BENEFIT 16 SOMEONE OTHER THAN THE ELDERLY PERSON, VULNERABLE ELDERLY PERSON OR 17 INCOMPETENT OR PHYSICALLY DISABLED PERSON. 18 EXPLOITATION OF AN ELDERLY PERSON, VULNERABLE ELDERLY PERSON OR INCOM- 19 PETENT OR PHYSICALLY DISABLED PERSON IN THE THIRD DEGREE IS A CLASS D 20 FELONY. 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.