Bill Text: NY S05708 | 2023-2024 | 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 1-0)

Status: (Introduced) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05708 Detail]

Download: New_York-2023-S05708-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5708

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 13, 2023
                                       ___________

        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.
                                                                   LBD10012-01-3
        S. 5708                             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    §  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    § 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.