S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5582

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 19, 2009
                               ___________

Introduced  by Sens. DIAZ, GOLDEN -- read twice and ordered printed, and
  when printed to be committed to the Committee on Aging

AN ACT to amend the elder law, the penal law, the state finance law, the
  vehicle and traffic law and the banking law, in relation  to  enacting
  the senior anti-violence and enforcement act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be  cited  as  the  "senior
anti-violence and enforcement act" (SAVE).
  S  2.  The  elder  law is amended by adding a new article 4 to read as
follows:
                                ARTICLE 4
                        PROTECTION OF THE ELDERLY
                                 TITLE 1
                SENIOR ANTI-VIOLENCE AND ENFORCEMENT ACT;
                          REPORTS AND FINDINGS
SECTION 400. DEFINITIONS.
        401. STATEWIDE CENTRAL REGISTRY ESTABLISHED; REQUIREMENTS.
        402. DISPOSITION OF REPORTS RECEIVED BY THE REGISTRY.
        403. AVAILABILITY OF REPORTS.
        404. RELEASE OF INFORMATION.
        405. UNFOUNDED REPORTS.
        406. PENALTY FOR UNAUTHORIZED DISCLOSURE.
        407. PERSONS  REQUIRED  TO  REPORT  SUSPECTED  SENIOR  ABUSE  OR
               MALTREATMENT.
        408. ANY PERSON PERMITTED TO REPORT.
        409. REPORTING PROCEDURE.
        410. IMMUNITY FROM LIABILITY.
        411. PENALTIES FOR FAILURE TO REPORT.
        412. ANNUAL REPORTS.
  S 400. DEFINITIONS. AS USED IN THIS ARTICLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11917-01-9
              

S. 5582                             2

  1. "SENIOR" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER.
  2. "REGISTRY" OR "CENTRAL REGISTRY" MEANS THE STATEWIDE CENTRAL REGIS-
TRY FOR SENIOR ABUSE AND NEGLECT IN THE STATE OFFICE FOR THE AGING.
  3. "OFFICE" MEANS THE STATE OFFICE FOR THE AGING.
  4. "COUNCIL" MEANS THE COUNCIL ON ELDER ABUSE CREATED PURSUANT TO THIS
ARTICLE.
  5. "DESIGNATED AGENCY" HAS THE SAME MEANING AS PROVIDED IN SECTION TWO
HUNDRED FOURTEEN OF THIS CHAPTER.
  6.  "LOCAL  SERVICE"  MEANS THOSE SERVICES AND AGENCIES THAT WORK WITH
DESIGNATED AGENCIES AS PART OF THE TEAM IN INVESTIGATING ALLEGATIONS  OF
ABUSE OF A SENIOR.
  7.  "ABUSED  SENIOR"  MEANS AND INCLUDES A SENIOR ABUSED IN ANY OF THE
FOLLOWING MANNERS:
  (A) PHYSICAL ABUSE, INCLUDING THE SUFFERING OF BODILY INJURY, PHYSICAL
PAIN, OR IMPAIRMENT RESULTING FROM THE USE OF PHYSICAL FORCE  AGAINST  A
SENIOR  BY ACTS INCLUDING BUT NOT LIMITED TO STRIKING WITH OR WITHOUT AN
OBJECT, HITTING, BEATING, PUSHING, SHOVING, SHAKING, SLAPPING,  KICKING,
PINCHING, AND BURNING, THAT RESULT IN PHYSICAL SIGNS OF IMPAIRMENT OR OF
BEING  SUBJECTED  TO  PUNISHMENT,  OR  SIGNS  OF  BEING RESTRAINED, OR A
SENIOR'S REPORT OF BEING HIT, SLAPPED, KICKED, OR MISTREATED.
  (B) SEXUAL ABUSE, INCLUDING NON-CONSENSUAL SEXUAL CONTACT OF ANY  KIND
WITH  A  SENIOR,  INCLUDING BUT NOT LIMITED TO UNWANTED TOUCHING, SEXUAL
ASSAULT OR BATTERY, RAPE, SODOMY, COERCED NUDITY, AND SEXUALLY  EXPLICIT
PHOTOGRAPHING,  THAT  RESULT  IN  PHYSICAL  SIGNS  OF  IMPAIRMENTS  OR A
SENIOR'S REPORT OF BEING SEXUALLY ASSAULTED OR RAPED.
  (C) EMOTIONAL OR PSYCHOLOGICAL  ABUSE,  INCLUDING  THE  INFLICTION  OF
ANGUISH,  PAIN,  OR DISTRESS THROUGH VERBAL OR NONVERBAL ACTS, INCLUDING
BUT NOT LIMITED TO  VERBAL  ASSAULTS,  INSULTS,  THREATS,  INTIMIDATION,
HUMILIATION,  AND HARASSMENT, INFANTILIZING A SENIOR, ISOLATING A SENIOR
FROM HIS OR HER FAMILY, FRIENDS,  OR  REGULAR  ACTIVITIES,  OR  ENFORCED
SOCIAL  ISOLATION,  THE  RESULTS  OF WHICH MAY BE EVINCED BY IMPAIRMENTS
INCLUDING BUT NOT LIMITED TO THE CAREGIVER'S REFUSAL TO  ALLOW  VISITORS
TO  SEE  A SENIOR ALONE, OR CHANGES IN THE SENIOR'S BEHAVIOR THAT RESULT
IN THE SENIOR BEING EMOTIONALLY UPSET OR AGITATED, BEING EXTREMELY WITH-
DRAWN AND NONCOMMUNICATIVE OR NONRESPONSIVE,  UNUSUAL  BEHAVIOR  USUALLY
ATTRIBUTED TO DEMENTIA (E.G., SUCKING, BITING, ROCKING).
  (D) NEGLECT, INCLUDING THE REFUSAL OR FAILURE TO FULFILL ANY PART OF A
PERSON'S  OBLIGATIONS OR DUTIES TO A SENIOR, FAILURE OF A PERSON WHO HAS
FIDUCIARY RESPONSIBILITIES TO PROVIDE CARE FOR A SENIOR OR  THE  FAILURE
ON  THE  PART  OF  AN IN-HOME SERVICE PROVIDER TO PROVIDE SUCH NECESSARY
CARE, INCLUDING THE REFUSAL OR FAILURE TO PROVIDE AN ELDERLY PERSON WITH
SUCH LIFE  NECESSITIES  AS  FOOD,  WATER,  CLOTHING,  SHELTER,  PERSONAL
HYGIENE,  MEDICINE,  COMFORT,  PERSONAL  SAFETY,  AND  OTHER  ESSENTIALS
INCLUDED IN AN IMPLIED OR AGREED-UPON RESPONSIBILITY TO SUCH SENIOR, THE
RESULTS OF WHICH MAY BE EVINCED BY SUCH VISIBLE PHYSICAL IMPAIRMENTS  AS
DEHYDRATION,  MALNUTRITION,  UNTREATED  BED  SORES,  AND  POOR  PERSONAL
HYGIENE, UNATTENDED OR UNTREATED HEALTH PROBLEMS,  HAZARDOUS  OR  UNSAFE
LIVING  CONDITION/ARRANGEMENTS, UNSANITARY AND UNCLEAN LIVING CONDITIONS
(E.G.  DIRT, FLEAS, LICE ON PERSON, SOILED BEDDING,  FECAL/URINE  SMELL,
INADEQUATE CLOTHING).
  (E)  ABANDONMENT, INCLUDING THE DESERTION OF A SENIOR BY AN INDIVIDUAL
WHO HAS ASSUMED RESPONSIBILITY FOR PROVIDING CARE FOR SUCH SENIOR, OR BY
A PERSON WITH PHYSICAL CUSTODY OF A SENIOR, INCLUDING BUT NOT LIMITED TO
THE DESERTION OF A SENIOR AT A HOSPITAL, A NURSING  FACILITY,  OR  OTHER
SIMILAR  INSTITUTION,  OR THE DESERTION OF A SENIOR AT A SHOPPING CENTER
OR OTHER PUBLIC LOCATION; OR A SENIOR'S REPORT OF BEING ABANDONED.

S. 5582                             3

  (F) FINANCIAL OR  MATERIAL  EXPLOITATION,  INCLUDING  THE  ILLEGAL  OR
IMPROPER USE OF A SENIOR'S FUNDS, PROPERTY, OR ASSETS, INCLUDING WITHOUT
LIMITATION  CASHING  A  SENIOR'S CHECKS WITHOUT AUTHORIZATION OR PERMIS-
SION, FORGING A SENIOR'S SIGNATURE,  MISUSING  OR  STEALING  A  SENIOR'S
MONEY  OR  POSSESSIONS,  COERCING  OR  DECEIVING A SENIOR INTO SIGNING A
DOCUMENT SUCH AS A CONTRACT OR A WILL, OR IMPROPER USE  OF  CONSERVATOR-
SHIP, GUARDIANSHIP, OR POWER OF ATTORNEY.
  (G)  SELF-NEGLECT,  INCLUDING  THE  BEHAVIOR OF AN ELDERLY PERSON THAT
THREATENS HIS OR HER OWN HEALTH OR SAFETY THROUGH THE REFUSAL OR FAILURE
TO PROVIDE HIMSELF OR HERSELF WITH ADEQUATE FOOD, WATER, CLOTHING, SHEL-
TER, PERSONAL HYGIENE, MEDICATION (WHEN INDICATED), AND  SAFETY  PRECAU-
TIONS.
  8.  "PERSON  LEGALLY  RESPONSIBLE FOR A SENIOR" MEANS AND INCLUDES THE
SENIOR'S CUSTODIAN, GUARDIAN OR ANY OTHER PERSON RESPONSIBLE FORMALLY OR
INFORMALLY FOR THE SENIOR'S CARE AT THE RELEVANT TIME, ANY PERSON ACTING
WITH POWER OF ATTORNEY, TRUSTEE APPOINTED BY A COURT, OR ANY PERSON  WHO
BY  CONSENT,  CONTRACT OR LEGAL ORDER ACTS TO ARRANGE THE AFFAIRS OF THE
SENIOR.
  9. "SUBJECT OF THE REPORT" MEANS A  PERSON  REPORTED  TO  THE  CENTRAL
REGISTRY AS BEING ALLEGEDLY RESPONSIBLE FOR CAUSING THE INJURY, ABUSE OR
MALTREATMENT  THAT HAS RESULTED IN A SENIOR BECOMING AN ABUSED SENIOR OR
WHO ALLEGEDLY ALLOWS SUCH INJURY, ABUSE OR MALTREATMENT TO BE  INFLICTED
ON SUCH SENIOR AND WHO IS:
  (A) A PERSON LEGALLY RESPONSIBLE FOR A SENIOR;
  (B)  A PERSON, INCLUDING A DIRECTOR, OPERATOR, EMPLOYEE, VOLUNTEER, OR
CONTRACTOR, IN A PUBLIC, PRIVATE,  OR  NOT-FOR-PROFIT  ENTITY  PROVIDING
GOODS  OR  SERVICES TO A SENIOR PURSUANT TO A CONTRACT OR OTHER ARRANGE-
MENT;
  (C) A PERSON RELATED TO THE SENIOR BY CONSANGUINITY OR AFFINITY; OR
  (D) A  PERSON  WHO  HAS  GAINED  ACCESS  TO  OR  CONTROL  FORMALLY  OR
INFORMALLY  OVER  A  SENIOR'S FINANCES, MEDICATION, LIVING ARRANGEMENTS,
SUCH THAT SUCH PERSON MAY CAUSE A SENIOR TO BECOME AN ABUSED SENIOR.
  10. "OTHER PERSONS NAMED IN THE REPORT" MEANS PERSONS OTHER  THAN  THE
SUBJECT  OF  THE REPORT WHO ARE NAMED IN A REPORT OF SENIOR ABUSE. OTHER
PERSONS NAMED IN THE REPORT SHALL  BE  LIMITED  TO  THE  SENIOR  WHO  IS
REPORTED TO THE REGISTRY, AND SUCH SENIOR'S GUARDIAN, CUSTODIAN OR OTHER
PERSON  LEGALLY RESPONSIBLE FOR THE SENIOR WHO HAS NOT BEEN NAMED IN THE
REPORT AS ALLEGEDLY RESPONSIBLE FOR CAUSING  THE  SENIOR  TO  BECOME  AN
ABUSED SENIOR.
  11. AN "UNFOUNDED REPORT" MEANS ANY REPORT MADE PURSUANT TO THIS TITLE
WHICH IS NOT AN INDICATED REPORT.
  12.  AN "INDICATED REPORT" IS A REPORT MADE PURSUANT TO THIS TITLE FOR
WHICH AN INVESTIGATION DETERMINES THAT CREDIBLE EVIDENCE EXISTS  THAT  A
SENIOR IS AN ABUSED SENIOR.
  13.  "DIRECTOR"  MEANS  THE  DIRECTOR  OF  THE OFFICE FOR THE AGING AS
DESCRIBED IN SECTION TWO HUNDRED ONE OF THIS CHAPTER.
  S 401. STATEWIDE CENTRAL REGISTRY ESTABLISHED;  REQUIREMENTS.  1.  THE
DIRECTOR  SHALL  ESTABLISH IN THE OFFICE A STATEWIDE CENTRAL REGISTRY TO
RECEIVE, MAINTAIN, AND PROVIDE APPROPRIATE ACCESS TO REPORTS MADE PURSU-
ANT TO THIS TITLE CONCERNING THE ABUSE AND MALTREATMENT OF SENIORS.
  2. SUCH REGISTRY SHALL BE CAPABLE OF RECEIVING  REPORTS  BY  TELEPHONE
CALL,  FAX,  E-MAIL,  AND  ANY OTHER FORMS OF COMMUNICATION THE DIRECTOR
DEEMS APPROPRIATE, ALLEGING THAT A SENIOR HAS BECOME AN  ABUSED  SENIOR,
OF  IMMEDIATELY IDENTIFYING PRIOR REPORTS OF ABUSE INVOLVING SUCH SENIOR
OR OTHER PERSONS NAMED IN THE REPORT, AND SHALL BE CAPABLE OF MONITORING

S. 5582                             4

THE PROVISION OF SERVICES TO SUCH SENIOR TWENTY-FOUR HOURS A DAY,  SEVEN
DAYS A WEEK. IN FURTHERANCE OF THESE REQUIREMENTS,
  (A)  THE OFFICE SHALL MAINTAIN STATEWIDE TOLL-FREE TELEPHONE VOICE AND
FAX NUMBERS AND AN E-MAIL ADDRESS WHICH ANY PERSON, WHETHER MANDATED  BY
LAW OR NOT, MAY USE TO CONTACT THE REGISTRY TO REPORT AN ALLEGATION THAT
A SENIOR HAS BECOME AN ABUSED SENIOR.
  (B)  THE  OFFICE  SHALL  ADDITIONALLY  MAINTAIN  AN UNLISTED TELEPHONE
NUMBER, FAX NUMBER, E-MAIL ADDRESS, AND SUCH OTHER COMMUNICATION  PROTO-
COLS  AS  THE DIRECTOR DEEMS APPROPRIATE, WHICH ONLY PERSONS MANDATED BY
THIS CHAPTER MAY USE TO REPORT AN ALLEGATION THAT A SENIOR HAS BECOME AN
ABUSED SENIOR.
  (C) THE OFFICE SHALL ASSURE THAT THE COMMUNICATION PROTOCOLS  REQUIRED
BY  THIS  SECTION SHALL BE CAPABLE OF ALLOWING ALL PERSONS AUTHORIZED BY
THIS TITLE TO DETERMINE THE EXISTENCE OF PRIOR REPORTS IN ORDER TO EVAL-
UATE THE CONDITION OR CIRCUMSTANCES OF A SENIOR.
  3. INFORMATION MAINTAINED IN THE REGISTRY SHALL  INCLUDE  BUT  NOT  BE
LIMITED TO:
  (A) THE INITIAL DATE OR DATE OF THE CONTACT WITH THE REGISTRY ALLEGING
THAT A SENIOR HAS BECOME AN ABUSED SENIOR;
  (B)  THE TIME AND DATE OF THE COMMUNICATION OF SUCH INFORMATION TO THE
DESIGNATED AGENCY, AND THE TIME AND DATE OF ACKNOWLEDGEMENT  OF  RECEIPT
BY THE DESIGNATED AGENCY OF SUCH INFORMATION;
  (C) ALL INFORMATION IN THE WRITTEN REPORT REQUIRED BY THIS TITLE;
  (D)  A  RECORD  OF  THE  FINAL  DISPOSITION  OF  THE REPORT, INCLUDING
SERVICES OFFERED AND SERVICES ACCEPTED;
  (E) THE PLAN FOR REHABILITATIVE TREATMENT;
  (F) NAMES AND IDENTIFYING DATA, DATES AND CIRCUMSTANCES OF ANY  PERSON
REQUESTING OR RECEIVING INFORMATION FROM THE REGISTRY; AND
  (G) ANY OTHER INFORMATION THE DIRECTOR DEEMS WILL FURTHER THE PURPOSES
AND INTENT OF THIS TITLE.
  S  402. DISPOSITION OF REPORTS RECEIVED BY THE REGISTRY. 1. THE DIREC-
TOR SHALL ESTABLISH IN  THE  RULES  AND  REGULATIONS  TO  IMPLEMENT  THE
REQUIREMENTS  OF  THIS SECTION CRITERIA FOR DETERMINING WHETHER A REPORT
COULD REASONABLY CONSTITUTE A REPORT OF ABUSE OF A SENIOR. THE INABILITY
OF A PERSON MAKING A REPORT TO IDENTIFY THE  ALLEGED  PERPETRATOR  SHALL
NOT  CONSTITUTE A SUFFICIENT REASON FOR THE REGISTRY TO REJECT THE ALLE-
GATION OR TO FAIL TO TRANSMIT THE ALLEGATION FOR INVESTIGATION.
  2. WHEN AN  ALLEGATION  REPORTED  TO  THE  REGISTRY  COULD  REASONABLY
CONSTITUTE A REPORT OF ABUSE OF A SENIOR, SUCH ALLEGATION SHALL BE TRAN-
SMITTED  BY  THE  FASTEST MEANS POSSIBLE BY THE OFFICE TO THE DESIGNATED
AGENCY FOR INVESTIGATION.
  3. IF THE RECORDS INDICATE A PREVIOUS REPORT CONCERNING A  SUBJECT  OF
THE  REPORT, OTHER PERSONS NAMED IN THE REPORT OR OTHER PERTINENT INFOR-
MATION, THE DESIGNATED AGENCY SHALL BE NOTIFIED OF THE FACT.
  4. IRRESPECTIVE OF WHETHER A REPORT REASONABLY CONSTITUTES A REPORT OF
ABUSE OF A SENIOR,
  (A) IF A REPORT COULD REASONABLY CONSTITUTE A CRIME OR  COULD  REASON-
ABLY  BE  CONSTRUED AS POSING AN IMMEDIATE THREAT TO THE SENIOR'S HEALTH
OR SAFETY, THE OFFICE SHALL CONVEY BY THE MOST EXPEDIENT MEANS AVAILABLE
THE INFORMATION TO THE  APPROPRIATE  LAW  ENFORCEMENT  AGENCY,  DISTRICT
ATTORNEY  OR OTHER PUBLIC OFFICIAL EMPOWERED TO PROVIDE NECESSARY AID OR
ASSISTANCE.
  (B) IF A REPORT COULD REASONABLY CONSTITUTE INSTITUTIONAL NEGLECT OF A
SENIOR IN RESIDENTIAL CARE, THE OFFICE SHALL CONVEY BY THE MOST  EXPEDI-
ENT  MEANS AVAILABLE THE INFORMATION TO THE STATE AGENCY RESPONSIBLE FOR
THE OPERATION OR SUPERVISION OF THE RESIDENTIAL FACILITY OR PROGRAM AND,

S. 5582                             5

IN THE CASE OF A FACILITY OPERATED OR CERTIFIED  BY  AN  OFFICE  OF  THE
DEPARTMENT OF MENTAL HYGIENE, TO THE STATE COMMISSION ON QUALITY OF CARE
FOR THE MENTALLY DISABLED, FOR APPROPRIATE ACTION.
  5.  REPORTS  AND  RECORDS  MADE  PURSUANT TO THIS TITLE, INCLUDING ANY
PREVIOUS REPORT CONCERNING A SUBJECT OF THE REPORT, OTHER PERSONS  NAMED
IN  THE  REPORT  OR  OTHER  PERTINENT INFORMATION, INVOLVING SENIORS WHO
RESIDE IN A FACILITY LICENSED OR OPERATED BY THE OFFICE OF MENTAL HEALTH
OR THE OFFICE OF  MENTAL  RETARDATION  AND  DEVELOPMENTAL  DISABILITIES,
SHALL  BE  TRANSMITTED  IMMEDIATELY BY THE REGISTRY TO THE COMMISSION ON
QUALITY OF CARE FOR THE  MENTALLY  DISABLED,  WHICH  SHALL  COMMENCE  AN
APPROPRIATE INVESTIGATION IN ACCORDANCE WITH THE MENTAL HYGIENE LAW.
  S 403. AVAILABILITY OF REPORTS. 1. REPORTS MADE PURSUANT TO THIS TITLE
AS  WELL AS ANY OTHER INFORMATION OBTAINED, INCLUDING REPORTS WRITTEN OR
PHOTOGRAPHS TAKEN CONCERNING SUCH REPORTS WHICH ARE IN THE POSSESSION OF
THE OFFICE, DESIGNATED AGENCIES, OR THE COMMISSION ON  QUALITY  OF  CARE
FOR  THE MENTALLY DISABLED, SHALL BE CONFIDENTIAL AND SHALL ONLY BE MADE
AVAILABLE TO:
  (A) A PHYSICIAN WHO, EXAMINING OR HAVING EXAMINED A SENIOR, REASONABLY
SUSPECTS THAT SUCH SENIOR MAY BE AN ABUSED OR MALTREATED SENIOR;
  (B) A PERSON AUTHORIZED TO PLACE A SENIOR IN PROTECTIVE  CUSTODY  WHEN
SUCH  PERSON  HAS  BEFORE  HIM OR HER A SENIOR WHOM HE OR SHE REASONABLY
SUSPECTS MAY BE AN ABUSED OR MALTREATED SENIOR AND SUCH PERSON  REQUIRES
THE  INFORMATION  TO DETERMINE WHETHER TO PLACE THE SENIOR IN PROTECTIVE
CUSTODY;
  (C) A DULY AUTHORIZED AGENCY HAVING RESPONSIBILITY  FOR  THE  CARE  OR
SUPERVISION OF A SENIOR WHO IS REPORTED TO THE REGISTRY;
  (D)  A  PERSON WHO IS THE SUBJECT OF THE REPORT OR OTHER PERSONS NAMED
IN THE REPORT;
  (E) A COURT, UPON A FINDING THAT  THE  INFORMATION  IS  NECESSARY  FOR
DETERMINATION OF AN ISSUE BEFORE THE COURT;
  (F) A GRAND JURY, UPON A FINDING THAT THE INFORMATION IS NECESSARY FOR
DETERMINATION OF CHARGES BEFORE THE GRAND JURY; AND
  (G) AN APPROPRIATE STATE LEGISLATIVE COMMITTEE RESPONSIBLE FOR PROTEC-
TIVE LEGISLATION OF SENIORS.
  2.  RULES  AND  REGULATIONS  OF THE DIRECTOR SHALL ESTABLISH A LIST OF
SUCH OTHER PERSONS, AGENCIES, INVESTIGATIVE BODIES, AND  AUDITING  ENTI-
TIES  THAT  MAY  BE  GIVEN  ACCESS  TO THE REGISTRY, AND SHALL ESTABLISH
REQUIREMENTS FOR CONFIDENTIALITY, LIMITATIONS ON RE-DISCLOSURE OF INFOR-
MATION, AND SUCH OTHER REQUIREMENTS  AND  LIMITATIONS  AS  THE  DIRECTOR
SHALL DEEM NECESSARY.
  3.  ANY  INCONSISTENT  PROVISION  OF  ANY  OTHER  LAW  TO THE CONTRARY
NOTWITHSTANDING, THE DIRECTOR MAY WITHHOLD ALL OR PART OF  ANY  INFORMA-
TION WHICH HE OR SHE IS AUTHORIZED TO MAKE AVAILABLE TO PERSONS OR AGEN-
CIES IDENTIFIED IN THIS SECTION OR IDENTIFIED BY RULE AND REGULATION, IF
THE  DIRECTOR  DETERMINES  THAT  SUCH  INFORMATION IS NOT RELATED TO THE
PURPOSES FOR WHICH SUCH INFORMATION IS REQUESTED OR THAT DISCLOSURE WILL
BE DETRIMENTAL TO THE SENIOR NAMED IN THE REPORT.
  4. IF A PERSON OR AGENCY IDENTIFIED IN THIS SECTION, OR  BY  RULE  AND
REGULATION  OF  THE DIRECTOR, AS ONE TO WHOM ACCESS TO REPORTS AND OTHER
INFORMATION SHALL BE GRANTED, IS DENIED  SUCH  ACCESS,  SUCH  PERSON  OR
AGENCY  MAY  BRING  A  PROCEEDING  FOR REVIEW OF SUCH DENIAL PURSUANT TO
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  5. NOTHING CONTAINED IN THIS ARTICLE  SHALL  BE  CONSTRUED  TO  PERMIT
RELEASE,  DISCLOSURE  OR  IDENTIFICATION  OF  THE  NAMES  OR IDENTIFYING
DESCRIPTIONS OF PERSONS WHO REPORT SUSPECTED ABUSE OR MALTREATMENT OF  A
SENIOR TO THE REGISTRY OR SUCH PERSON'S PLACE OF EMPLOYMENT OR WITH WHOM

S. 5582                             6

THEY  HAVE  AN  ASSOCIATION  OTHER THAN EMPLOYMENT WITHOUT SUCH PERSON'S
WRITTEN PERMISSION EXCEPT TO SUCH PERSONS, OFFICIALS,  AND  AGENCIES  AS
THE DIRECTOR DETERMINES IN RULE AND REGULATION.
  S  404.  RELEASE  OF INFORMATION. 1. INFORMATION CONCERNING REPORTS OR
INVESTIGATIONS MAY BE RELEASED TO THE PUBLIC ONLY BY PERSONS  DESIGNATED
IN  THE  RULES  AND REGULATIONS OF THE DIRECTOR TO RELEASE SUCH INFORMA-
TION.  INFORMATION THAT MAY BE PROVIDED SHALL BE LIMITED TO THE  FOLLOW-
ING:
  (A) IF A REQUEST FOR INFORMATION IS MADE PRIOR TO THE COMPLETION OF AN
INVESTIGATION  OF A REPORT, THE RELEASED INFORMATION SHALL BE LIMITED TO
WHETHER THE REPORT IS "INDICATED", "UNFOUNDED" OR "UNDER INVESTIGATION",
AS THE CASE MAY BE.
  (B) IF THE REQUEST FOR INFORMATION IS MADE AFTER THE COMPLETION OF  AN
INVESTIGATION  OF A REPORT, THE RELEASED INFORMATION SHALL BE LIMITED TO
WHETHER THE REPORT IS "INDICATED" OR "UNFOUNDED," AS THE CASE MAY BE.
  2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE  CONTRARY,
THE  DIRECTOR  OR  A DESIGNATED AGENCY DIRECTOR MAY DISCLOSE INFORMATION
REGARDING THE ABUSE OR MALTREATMENT OF A SENIOR AS  SET  FORTH  IN  THIS
SECTION,  AND THE INVESTIGATION THEREOF AND ANY SERVICES RELATED THERETO
IF HE OR SHE DETERMINES THAT SUCH DISCLOSURE SHALL NOT  BE  CONTRARY  TO
THE  BEST  INTERESTS OF THE SENIOR, AND ANY ONE OF THE FOLLOWING FACTORS
ARE PRESENT:
  (A) THE SUBJECT OF THE  REPORT  HAS  BEEN  CHARGED  IN  AN  ACCUSATORY
INSTRUMENT WITH COMMITTING A CRIME RELATED TO A REPORT MAINTAINED IN THE
REGISTRY; OR
  (B)  THE  INVESTIGATION OF THE ABUSE OR MALTREATMENT BY THE DESIGNATED
AGENCY OR THE PROVISION OF SERVICES BY SUCH SERVICE  HAS  BEEN  PUBLICLY
DISCLOSED  IN  A  REPORT REQUIRED TO BE DISCLOSED IN THE COURSE OF THEIR
OFFICIAL DUTIES, BY A LAW ENFORCEMENT AGENCY  OR  OFFICIAL,  A  DISTRICT
ATTORNEY,  ANY  OTHER STATE OR LOCAL INVESTIGATIVE AGENCY OR OFFICIAL OR
BY JUDGE OF THE UNIFIED COURT SYSTEM; OR
  (C) THERE HAS BEEN A PRIOR KNOWING, VOLUNTARY, PUBLIC DISCLOSURE BY AN
INDIVIDUAL CONCERNING A REPORT OF ABUSE OR MALTREATMENT  IN  WHICH  SUCH
INDIVIDUAL IS NAMED AS THE SUBJECT OF THE REPORT; OR
  (D)  THE SENIOR IN THE REPORT HAS DIED OR THE REPORT INVOLVES THE NEAR
FATALITY OF A SENIOR. FOR THE PURPOSES OF THIS SECTION, "NEAR  FATALITY"
MEANS  AN ACT THAT RESULTS IN THE SENIOR BEING PLACED, AS CERTIFIED BY A
PHYSICIAN, IN SERIOUS OR CRITICAL CONDITION.
  3. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING INFORMATION MAY  BE
DISCLOSED:
  (A) THE NAME OF THE ABUSED OR MALTREATED SENIOR;
  (B)  THE  DETERMINATION  BY  THE DESIGNATED AGENCY OR THE STATE AGENCY
WHICH INVESTIGATED THE REPORT AND THE FINDINGS OF THE APPLICABLE  INVES-
TIGATING AGENCY UPON WHICH SUCH DETERMINATION WAS BASED;
  (C) IDENTIFICATION OF SERVICES PROVIDED OR ACTIONS TAKEN REGARDING THE
SENIOR NAMED IN THE REPORT AS A RESULT OF ANY SUCH REPORT OR REPORTS;
  (D)  WHETHER ANY REPORT OF ABUSE OR MALTREATMENT REGARDING SUCH SENIOR
HAS BEEN "INDICATED" AS MAINTAINED BY THE REGISTRY;
  (E) ACTIONS TAKEN BY THE DESIGNATED AGENCY IN RESPONSE TO  REPORTS  OF
ABUSE  OR  MALTREATMENT  TO  THE  REGISTRY  INCLUDING BUT NOT LIMITED TO
ACTIONS TAKEN AFTER EACH AND EVERY REPORT OF ABUSE  OR  MALTREATMENT  OF
SUCH SENIOR AND THE DATES OF SUCH REPORTS;
  (F)  WHETHER  THE SENIOR HAS RECEIVED CARE OR SERVICES FROM THE DESIG-
NATED AGENCY PRIOR TO EACH AND EVERY REPORT OF ABUSE OR MALTREATMENT  OF
SUCH SENIOR; AND

S. 5582                             7

  (G)  ANY EXTRAORDINARY OR PERTINENT INFORMATION CONCERNING THE CIRCUM-
STANCES OF THE ABUSE OR MALTREATMENT OF THE SENIOR AND THE INVESTIGATION
THEREOF, WHERE THE DIRECTOR DETERMINES  SUCH  DISCLOSURE  IS  CONSISTENT
WITH THE PUBLIC INTEREST.
  4. INFORMATION MAY BE DISCLOSED PURSUANT TO THIS SECTION AS FOLLOWS:
  (A)  INFORMATION RELEASED PRIOR TO THE COMPLETION OF THE INVESTIGATION
OF A REPORT SHALL BE LIMITED TO A STATEMENT  THAT  A  REPORT  IS  "UNDER
INVESTIGATION";
  (B)  WHEN  THERE HAS BEEN A PRIOR DISCLOSURE PURSUANT TO THIS SUBDIVI-
SION, INFORMATION RELEASED IN A  CASE  IN  WHICH  THE  REPORT  HAS  BEEN
UNFOUNDED  SHALL BE LIMITED TO THE STATEMENT THAT "THE INVESTIGATION HAS
BEEN COMPLETED, AND THE REPORT HAS BEEN UNFOUNDED";
  (C) IF THE  REPORT  HAS  BEEN  "INDICATED"  THEN  INFORMATION  MAY  BE
RELEASED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  5.  ANY  DISCLOSURE  OF INFORMATION PURSUANT TO THIS SECTION SHALL NOT
IDENTIFY OR PROVIDE AN IDENTIFYING DESCRIPTION  OF  THE  SOURCE  OF  THE
REPORT,  AND SHALL NOT IDENTIFY THE NAME OF THE PERSON LEGALLY RESPONSI-
BLE FOR THE SENIOR OR ANY OTHER MEMBERS OF THE SENIOR'S HOUSEHOLD, OTHER
THAN THE SUBJECT OF THE REPORT.
  6. IN DETERMINING WHETHER DISCLOSURE WILL  BE  CONTRARY  TO  THE  BEST
INTERESTS  OF  THE  SENIOR, THE DIRECTOR OR A DESIGNATED AGENCY DIRECTOR
SHALL CONSIDER THE INTEREST IN PRIVACY OF THE SENIOR  AND  THE  SENIOR'S
FAMILY  AND  THE EFFECTS WHICH DISCLOSURE MAY HAVE ON EFFORTS TO PROVIDE
SERVICES.
  7. WHENEVER A DISCLOSURE OF  INFORMATION  IS  MADE  PURSUANT  TO  THIS
SECTION,  THE  DESIGNATED AGENCY DIRECTOR SHALL MAKE A WRITTEN STATEMENT
PRIOR TO DISCLOSING SUCH INFORMATION TO THE CHIEF COUNTY EXECUTIVE OFFI-
CER WHERE THE INCIDENT OCCURRED SETTING FORTH THE CRITERIA UPON WHICH HE
OR SHE IS BASING SUCH DISCLOSURE.
  8. EXCEPT AS IT  APPLIES  DIRECTLY  TO  THE  CAUSE  OF  THE  ABUSE  OR
MALTREATMENT  OF  THE SENIOR, NOTHING IN THIS SECTION SHALL BE DEEMED TO
AUTHORIZE THE RELEASE OR DISCLOSURE OF THE SUBSTANCE OR CONTENT  OF  ANY
PSYCHOLOGICAL,  PSYCHIATRIC,  THERAPEUTIC,  CLINICAL OR MEDICAL REPORTS,
EVALUATIONS OR LIKE MATERIALS OR INFORMATION PERTAINING TO  SUCH  SENIOR
OR  THE  SENIOR'S  FAMILY.  PRIOR  TO  THE  RELEASE OR DISCLOSURE OF ANY
PSYCHOLOGICAL, PSYCHIATRIC OR THERAPEUTIC REPORTS, EVALUATIONS  OR  LIKE
MATERIALS  OR INFORMATION PURSUANT TO THIS SUBDIVISION, THE LOCAL SOCIAL
SERVICES DIRECTOR SHALL CONSULT WITH THE PERSONNEL OF THE DEPARTMENT  OF
MENTAL HYGIENE.
  S  405.  UNFOUNDED  REPORTS.  1.  UNLESS  AN INVESTIGATION OF A REPORT
CONDUCTED PURSUANT TO THIS  TITLE  DETERMINES  THAT  THERE  IS  CREDIBLE
EVIDENCE OF THE ALLEGED ABUSE OR MALTREATMENT, ALL INFORMATION IDENTIFY-
ING  THE  SUBJECTS  OF  THE REPORT AND OTHER PERSONS NAMED IN THE REPORT
SHALL BE LEGALLY SEALED BY THE REGISTRY AND ANY DESIGNATED  AGENCIES  OR
THE  STATE AGENCY WHICH INVESTIGATED THE REPORT, AND THE REPORT SHALL BE
DEEMED "UNFOUNDED". SUCH UNFOUNDED REPORTS MAY ONLY BE UNSEALED AND MADE
AVAILABLE TO SUCH PERSONS AND ENTITIES AS SHALL BE  ESTABLISHED  BY  THE
DIRECTOR  IN  RULES  AND  REGULATIONS  FOR  SUCH PURPOSES AS REVIEW OF A
FATALITY OR INVESTIGATION OF A SUBSEQUENT REPORT OF SUSPECTED  ABUSE  OR
MALTREATMENT INVOLVING A SUBJECT OF THE UNFOUNDED REPORT. SUCH UNFOUNDED
REPORTS  MAY  BE MADE AVAILABLE TO THE FOLLOWING PERSONS AND ENTITIES: A
SENIOR NAMED IN THE UNFOUNDED REPORT; OTHER PERSONS NAMED IN THE REPORT;
THE SUBJECT OF THE REPORT; A DISTRICT  ATTORNEY  OR  A  STATE  OR  LOCAL
POLICE  OFFICER WHEN SUCH OFFICIAL VERIFIES THAT THE REPORT IS NECESSARY
TO CONDUCT AN ACTIVE CRIMINAL INVESTIGATION OR FOR PROSECUTION OF  ELDER
ABUSE;  OR  OTHER  PERSONS IN KEEPING WITH THE SPIRIT AND INTENT OF THIS

S. 5582                             8

SECTION AS SHALL BE DETERMINED IN  THE  RULES  AND  REGULATIONS  OF  THE
DIRECTOR REQUIRED TO IMPLEMENT THIS SECTION.
  2. PERSONS GIVEN ACCESS TO SUCH UNFOUNDED REPORTS SHALL NOT REDISCLOSE
SUCH REPORTS EXCEPT AS NECESSARY TO CONDUCT APPROPRIATE INVESTIGATION OR
PROSECUTION  AND  SHALL  REQUEST  OF  THE  COURT THAT ANY COPIES OF SUCH
REPORTS PRODUCED IN ANY COURT PROCEEDINGS  BE  REDACTED  TO  REMOVE  THE
NAMES OF THE SUBJECTS AND OTHER PERSONS NAMED IN THE REPORTS OR THAT THE
COURT  ISSUE  AN  ORDER  PROTECTING  THE NAMES OF THE SUBJECTS AND OTHER
PERSONS NAMED IN THE REPORTS FROM PUBLIC DISCLOSURE.
  3. AN UNFOUNDED REPORT SHALL NOT BE ADMISSIBLE IN A JUDICIAL OR ADMIN-
ISTRATIVE PROCEEDING OR ACTION; PROVIDED, HOWEVER, AN  UNFOUNDED  REPORT
MAY BE INTRODUCED INTO EVIDENCE:
  (A) BY THE SUBJECT OF THE REPORT WHERE SUCH SUBJECT IS A RESPONDENT IN
A  JUDICIAL  PROCEEDING PERTAINING TO THE ALLEGATION MADE IN THE REPORT,
OR IS A PLAINTIFF OR PETITIONER IN A CIVIL ACTION OR PROCEEDING ALLEGING
THE FALSE REPORTING OF SENIOR ABUSE OR MALTREATMENT; OR
  (B) IN A CRIMINAL COURT FOR THE PURPOSE OF PROSECUTING A CRIME AGAINST
A SENIOR. LEGALLY SEALED UNFOUNDED REPORTS SHALL BE EXPUNGED  TEN  YEARS
AFTER  THE  RECEIPT  OF  THE REPORT. WHENEVER THE OFFICE DETERMINES THAT
THERE IS SOME CREDIBLE EVIDENCE OF ABUSE OR MALTREATMENT AS A RESULT  OF
AN  INVESTIGATION  OF  A REPORT CONDUCTED PURSUANT TO THE MENTAL HYGIENE
LAW, THE OFFICE SHALL NOTIFY THE COMMISSION ON QUALITY OF CARE  FOR  THE
MENTALLY DISABLED.
  4.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, THE OFFICE MAY IN ITS
DISCRETION GRANT A REQUEST TO EXPUNGE AN UNFOUNDED REPORT WHERE: (A) THE
SOURCE OF THE REPORT WAS CONVICTED OF A VIOLATION OF THE  PENAL  LAW  IN
REGARD  TO  SUCH REPORT; OR (B) THE SUBJECT OF THE REPORT PRESENTS CLEAR
AND CONVINCING EVIDENCE THAT AFFIRMATIVELY  REFUTES  THE  ALLEGATION  OF
ABUSE  OR  MALTREATMENT;  PROVIDED HOWEVER, THAT THE ABSENCE OF CREDIBLE
EVIDENCE SUPPORTING THE ALLEGATION OF ABUSE OR MALTREATMENT SHALL NOT BE
THE SOLE BASIS TO EXPUNGE THE REPORT.  NOTHING  IN  THIS  SECTION  SHALL
REQUIRE  THE  OFFICE  TO  CONDUCT  AN ADMINISTRATIVE HEARING IN DECIDING
WHETHER TO EXPUNGE A REPORT. THE OFFICE  SHALL  MAKE  ITS  DETERMINATION
UPON  REVIEWING  THE  WRITTEN  EVIDENCE  SUBMITTED BY THE SUBJECT OF THE
REPORT AND ANY RECORDS OR INFORMATION OBTAINED FROM THE STATE  OR  LOCAL
AGENCY WHICH INVESTIGATED THE ALLEGATIONS OF ABUSE OR MALTREATMENT.
  5. IN ANY CASE AND AT ANY TIME, THE DIRECTOR MAY AMEND ANY RECORD UPON
GOOD  CAUSE  SHOWN  AND  NOTICE  TO THE SUBJECTS OF THE REPORT AND OTHER
PERSONS NAMED IN THE REPORT.
  6. AT ANY TIME, A SUBJECT OF A REPORT AND OTHER PERSONS NAMED  IN  THE
REPORT MAY RECEIVE, UPON REQUEST, A COPY OF ALL INFORMATION CONTAINED IN
THE  REGISTRY;  PROVIDED,  HOWEVER,  THAT  THE DIRECTOR IS AUTHORIZED TO
PROHIBIT THE RELEASE OF DATA THAT WOULD IDENTIFY THE PERSON WHO MADE THE
REPORT OR WHO COOPERATED IN A SUBSEQUENT INVESTIGATION  OR  THE  AGENCY,
INSTITUTION,  ORGANIZATION, PROGRAM OR OTHER ENTITY WHERE SUCH PERSON IS
EMPLOYED OR WITH WHICH HE OR SHE IS ASSOCIATED, WHICH HE OR SHE  REASON-
ABLY  FINDS  WILL  BE  DETRIMENTAL  TO  THE  SAFETY OR INTERESTS OF SUCH
PERSON.
  7. AT ANY TIME SUBSEQUENT TO THE COMPLETION OF THE  INVESTIGATION  BUT
IN  NO  EVENT  LATER THAN NINETY DAYS AFTER THE SUBJECT OF THE REPORT IS
NOTIFIED THAT THE REPORT IS INDICATED THE SUBJECT MAY REQUEST THE DIREC-
TOR TO AMEND THE RECORD OF THE REPORT. IF THE DIRECTOR  DOES  NOT  AMEND
THE REPORT IN ACCORDANCE WITH SUCH REQUEST WITHIN NINETY DAYS OF RECEIV-
ING  THE  REQUEST,  THE  SUBJECT SHALL HAVE THE RIGHT TO A FAIR HEARING,
CONDUCTED IN ACCORDANCE WITH THIS SUBDIVISION, TO DETERMINE WHETHER  THE
RECORD  OF  THE  REPORT IN THE REGISTRY SHOULD BE AMENDED ON THE GROUNDS

S. 5582                             9

THAT IT IS INACCURATE OR IT IS BEING MAINTAINED IN A MANNER INCONSISTENT
WITH THIS TITLE.
  (A)  IF  IT  IS  DETERMINED  AFTER  REVIEW  THAT  THERE IS NO CREDIBLE
EVIDENCE IN THE RECORD TO FIND THAT THE SUBJECT COMMITTED AN ACT OR ACTS
OF SENIOR ABUSE OR MALTREATMENT, THE OFFICE SHALL AMEND  THE  RECORD  TO
INDICATE  THAT  THE  REPORT IS "UNFOUNDED" AND NOTIFY THE SUBJECT FORTH-
WITH.
  (B) IF THE OFFICE DOES NOT AMEND THE RECORD IN  ACCORDANCE  WITH  SUCH
REQUEST  AND THE PROVISIONS OF THIS SUBDIVISION, THE OFFICE SHALL SCHED-
ULE A FAIR HEARING AND SHALL PROVIDE NOTICE  OF  THE  SCHEDULED  HEARING
DATE TO THE SUBJECT, THE REGISTRY AND, AS APPROPRIATE, TO THE DESIGNATED
AGENCY  OR THE STATE AGENCY WHICH INVESTIGATED THE REPORT. THE BURDEN OF
PROOF IN SUCH A HEARING SHALL BE ON THE DESIGNATED AGENCY OR  THE  STATE
AGENCY WHICH INVESTIGATED THE REPORT, AS THE CASE MAY BE.
  (I)  A COURT FINDING OF ABUSE OR NEGLECT AGAINST THE SUBJECT IN REGARD
TO AN ALLEGATION CONTAINED IN THE REPORT SHALL  CREATE  AN  IRREBUTTABLE
PRESUMPTION  THAT  SAID  ALLEGATION  IS  SUBSTANTIATED  BY SOME CREDIBLE
EVIDENCE.
  (II) IF IT IS DETERMINED AT THE FAIR HEARING THAT THERE IS NO CREDIBLE
EVIDENCE IN THE RECORD TO FIND THAT THE SUBJECT COMMITTED AN ACT OR ACTS
OF ABUSE OR MALTREATMENT OF A SENIOR, THE OFFICE SHALL AMEND THE  RECORD
TO  REFLECT  THAT SUCH A FINDING WAS MADE AT THE ADMINISTRATIVE HEARING,
ORDER ANY DESIGNATED AGENCY  OR  STATE  AGENCY  WHICH  INVESTIGATED  THE
REPORT  TO  SIMILARLY  AMEND ITS RECORDS OF THE REPORT, AND SHALL NOTIFY
THE SUBJECT FORTHWITH OF THE DETERMINATION.
  (C) THE DIRECTOR OR HIS OR HER  DESIGNATED  AGENT  IS  AUTHORIZED  AND
EMPOWERED  TO  MAKE  ANY APPROPRIATE ORDER RESPECTING THE AMENDMENT OF A
RECORD TO MAKE IT ACCURATE OR CONSISTENT WITH THE REQUIREMENTS  OF  THIS
SECTION.
  (D)  SHOULD  THE OFFICE GRANT THE REQUEST OF THE SUBJECT OF THE REPORT
PURSUANT TO THIS SUBDIVISION EITHER THROUGH AN ADMINISTRATIVE REVIEW  OR
FAIR  HEARING  TO AMEND AN INDICATED REPORT TO AN UNFOUNDED REPORT, SUCH
REPORT SHALL BE LEGALLY SEALED AND SHALL BE  RELEASED  AND  EXPUNGED  IN
ACCORDANCE WITH THE STANDARDS SET FORTH IN THIS SECTION.
  8.  WRITTEN NOTICE OF ANY EXPUNGEMENT OR AMENDMENT OF ANY RECORD, MADE
PURSUANT TO THIS TITLE, SHALL BE SERVED FORTHWITH UPON EACH  SUBJECT  OF
SUCH  RECORD,  OTHER PERSONS NAMED IN THE REPORT, THE DIRECTOR, AND SUCH
OTHER PERSONS AND AGENCIES THE  DIRECTOR  SHALL  DEEM  APPROPRIATE.  THE
DESIGNATED  AGENCY  OR  THE  STATE AGENCY WHICH INVESTIGATED THE REPORT,
UPON RECEIPT OF SUCH NOTICE, SHALL TAKE THE APPROPRIATE  SIMILAR  ACTION
IN  REGARD TO ITS REGISTRY AND RECORDS AND INFORM, FOR THE SAME PURPOSE,
ANY OTHER AGENCY WHICH RECEIVED SUCH RECORD.
  S 406. PENALTY FOR UNAUTHORIZED DISCLOSURE. UNAUTHORIZED DISCLOSURE BY
ANY PARTY OF INFORMATION OBTAINED FROM THE REGISTRY SHALL BE A  CLASS  A
MISDEMEANOR.
  S  407. PERSONS REQUIRED TO REPORT SUSPECTED SENIOR ABUSE OR MALTREAT-
MENT. 1. THE FOLLOWING PERSONS ARE REQUIRED TO REPORT OR CAUSE A  REPORT
TO  BE  MADE  IN  ACCORDANCE WITH THIS TITLE WHEN, WHILE ACTING IN THEIR
PROFESSIONAL OR OFFICIAL CAPACITY, THEY HAVE REASONABLE CAUSE TO SUSPECT
THAT A SENIOR COMING BEFORE THEM IS AN ABUSED SENIOR, OR WHEN THEY  HAVE
REASONABLE  CAUSE TO SUSPECT THAT A SENIOR IS AN ABUSED SENIOR WHERE THE
PERSON LEGALLY RESPONSIBLE FOR SUCH SENIOR COMES BEFORE THEM AND  STATES
FROM  PERSONAL  KNOWLEDGE  FACTS,  CONDITIONS OR CIRCUMSTANCES WHICH, IF
CORRECT, WOULD RENDER THE SENIOR AN ABUSED SENIOR:
  (A) ANY HEALTH CARE WORKER, INCLUDING ANY PHYSICIAN, PHYSICIAN ASSIST-
ANT, SURGEON, MEDICAL  EXAMINER,  CORONER,  DENTIST,  DENTAL  HYGIENIST,

S. 5582                            10

OSTEOPATH,  OPTOMETRIST,  CHIROPRACTOR,  PODIATRIST,  RESIDENT,  INTERN,
PSYCHOLOGIST, REGISTERED NURSE, EMERGENCY  MEDICAL  TECHNICIAN,  OR  ANY
HOSPITAL  OR  NURSING  HOME PERSONNEL ENGAGED IN THE ADMISSION, EXAMINA-
TION,  CARE  OR TREATMENT OF PERSONS, OR ANY OTHER HEALTH CARE OR HEALTH
SERVICES  PRACTITIONER,  INCLUDING  A  CHRISTIAN  SCIENCE  PRACTITIONER,
ACUPUNCTURIST, OR OTHER SUCH PERSON;
  (B) ANY SOCIAL WORKER, SOCIAL SERVICES WORKER, DAY CARE CENTER WORKER,
OR ANY PROVIDER OF FAMILY OR GROUP FAMILY DAY CARE;
  (C)  ANY  MENTAL HEALTH PROFESSIONAL; SUBSTANCE ABUSE COUNSELOR; ALCO-
HOLISM COUNSELOR;
  (D) ANY PERSON, INCLUDING A DIRECTOR, OPERATOR,  EMPLOYEE,  VOLUNTEER,
OR  CONTRACTOR,  IN  A PUBLIC, PRIVATE, OR NOT-FOR-PROFIT FACILITY WHICH
PROVIDES CARE TO ONE OR MORE SENIORS AND WHICH IS LICENSED OR REGISTERED
PURSUANT TO THE PROVISIONS OF THE  PUBLIC  HEALTH  LAW,  OR  THE  SOCIAL
SERVICES LAW;
  (E)  ANY PEACE OFFICER, POLICE OFFICER, DISTRICT ATTORNEY OR ASSISTANT
DISTRICT ATTORNEY, INVESTIGATOR EMPLOYED IN THE  OFFICE  OF  A  DISTRICT
ATTORNEY OR OTHER LAW ENFORCEMENT OFFICIAL;
  (F)  ANY  BANKER,  FINANCIAL  CONSULTANT,  ATTORNEY, OR PARALEGAL WITH
ACCESS TO A SENIOR'S FINANCIAL RECORDS OR RESOURCES OR  LEGAL  DOCUMENTS
OR WHO POSSESSES POWER OF ATTORNEY FOR SUCH SENIOR.
  THE DIRECTOR SHALL FURTHER DEFINE AND ENUMERATE IN REGULATIONS PERSONS
AND  OCCUPATIONS  WHICH  ARE REQUIRED TO REPORT WHEN THEY SUSPECT THAT A
SENIOR HAS BECOME AN ABUSED SENIOR.
  2. A PERSON REQUIRED TO REPORT UNDER THIS TITLE IN HIS OR HER CAPACITY
AS A MEMBER OF THE STAFF OF A MEDICAL OR OTHER PUBLIC OR PRIVATE  INSTI-
TUTION, FACILITY OR AGENCY SHALL ADDITIONALLY AND IMMEDIATELY NOTIFY THE
PERSON  IN CHARGE OF SUCH INSTITUTION, FACILITY OR AGENCY, OR HIS OR HER
DESIGNATED AGENT, WHO THEN ALSO SHALL BECOME RESPONSIBLE  TO  REPORT  OR
CAUSE  REPORTS TO BE MADE, PROVIDED HOWEVER THAT NOTHING IN THIS SECTION
SHALL REQUIRE MORE THAN ONE REPORT FROM ANY SUCH INSTITUTION OR  AGENCY.
AT  THE  TIME OF MAKING A REPORT, OR AT ANY TIME THEREAFTER, SUCH PERSON
OR OFFICIAL MAY REQUEST THE FINDINGS OF AN INVESTIGATION  MADE  PURSUANT
TO THIS TITLE.
  S  408.  ANY  PERSON  PERMITTED  TO REPORT. IN ADDITION TO PERSONS AND
OFFICIALS REQUIRED TO REPORT SUSPECTED SENIOR  ABUSE  PURSUANT  TO  THIS
CHAPTER, ANY PERSON MAY MAKE SUCH A REPORT IF SUCH PERSON HAS REASONABLE
CAUSE TO SUSPECT THAT A SENIOR IS AN ABUSED SENIOR.
  S  409. REPORTING PROCEDURE. 1. REPORTS OF SUSPECTED ABUSE MADE PURSU-
ANT TO THIS TITLE SHALL BE MADE IMMEDIATELY BY TELEPHONE, FAX, E-MAIL OR
ANY OTHER COMMUNICATION PROTOCOL ON A FORM  SUPPLIED  BY  THE  DIRECTOR.
ORAL REPORTS SHALL BE FOLLOWED BY A REPORT IN WRITING WITHIN FORTY-EIGHT
HOURS AFTER SUCH ORAL REPORT.
  2.  WRITTEN  REPORTS  SHALL  BE  MADE IN A MANNER PRESCRIBED BY AND ON
FORMS SUPPLIED BY THE DIRECTOR AND SHALL INCLUDE THE FOLLOWING  INFORMA-
TION:
  (A) THE NAME AND ADDRESS OF THE SENIOR;
  (B) THE PERSON RESPONSIBLE FOR HIS OR HER CARE, IF KNOWN;
  (C)  THE NAME AND ADDRESS OF THE CARE FACILITY OR PROGRAM IN WHICH THE
SENIOR RESIDES OR IS RECEIVING CARE;
  (D) THE SENIOR'S AGE, SEX AND RACE;
  (E) THE NATURE AND EXTENT OF  THE  INJURIES,  ABUSE  OR  MALTREATMENT,
INCLUDING ANY EVIDENCE OF PRIOR INJURIES, ABUSE OR MALTREATMENT;
  (F)  THE  NAME  OF THE PERSON OR PERSONS ALLEGED TO BE RESPONSIBLE FOR
CAUSING THE INJURY, ABUSE OR MALTREATMENT, IF KNOWN;
  (G) FAMILY COMPOSITION, WHERE APPROPRIATE;

S. 5582                            11

  (H) THE SOURCE OF THE REPORT;
  (I) THE PERSON MAKING THE REPORT AND WHERE HE OR SHE CAN BE REACHED;
  (J) THE ACTIONS TAKEN BY THE REPORTING SOURCE, INCLUDING THE TAKING OF
PHOTOGRAPHS  AND  TECHNOLOGICAL SCANS, OR NOTIFYING THE MEDICAL EXAMINER
OR CORONER; AND
  (K) ANY  OTHER  INFORMATION  WHICH  THE  DIRECTOR  MAY  BY  REGULATION
REQUIRE,  OR  WHICH THE PERSON MAKING THE REPORT BELIEVES MIGHT BE HELP-
FUL, IN THE FURTHERANCE OF THE INTENT AND PURPOSES OF THIS TITLE.
  3. ANY PERSON OR OFFICIAL REQUIRED TO REPORT CASES OF SUSPECTED SENIOR
ABUSE AND MALTREATMENT MAY TAKE OR CAUSE TO BE TAKEN AT  PUBLIC  EXPENSE
PHOTOGRAPHS  OR,  IF MEDICALLY INDICATED, OTHER TECHNOLOGICAL OR IMAGING
SCANS INCLUDING X-RAYS OF THE AREAS OF TRAUMA VISIBLE ON A SENIOR WHO IS
SUBJECT TO A REPORT. ANY SUCH PHOTOGRAPHS OR SCANS TAKEN SHALL  BE  SENT
TO  THE  DESIGNATED AGENCY AT THE TIME THE WRITTEN REPORT IS SENT, OR AS
SOON THEREAFTER AS POSSIBLE. A PERSON  REQUIRED  TO  REPORT  UNDER  THIS
TITLE  IN  HIS  OR HER CAPACITY AS A MEMBER OF THE STAFF OF A MEDICAL OR
OTHER PUBLIC OR PRIVATE INSTITUTION, FACILITY, OR  AGENCY,  SHALL  IMME-
DIATELY NOTIFY THE PERSON IN CHARGE OF SUCH INSTITUTION, SCHOOL, FACILI-
TY  OR  AGENCY,  OR  THE DESIGNATED AGENT OF SUCH PERSON, WHO SHALL THEN
TAKE OR CAUSE TO BE TAKEN AT PUBLIC EXPENSE  COLOR  PHOTOGRAPHS  OR,  IF
MEDICALLY  INDICATED,  OTHER  TECHNOLOGICAL  OR  IMAGING SCANS INCLUDING
X-RAYS, OF THE SENIOR.
  4. EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, WRITTEN REPORTS  FROM
PERSONS  OR OFFICIALS REQUIRED BY THIS TITLE TO REPORT SHALL BE ADMISSI-
BLE IN EVIDENCE IN ANY PROCEEDINGS RELATING TO SENIOR ABUSE OR MALTREAT-
MENT.
  5. A PERSON OR OFFICIAL REQUIRED TO REPORT SUSPECTED SENIOR  ABUSE  OR
MALTREATMENT WHO HAS REASONABLE CAUSE TO SUSPECT THAT A SENIOR DIED AS A
RESULT OF ABUSE OR MALTREATMENT SHALL REPORT THE FACT TO THE APPROPRIATE
MEDICAL  EXAMINER  OR  CORONER.  THE  MEDICAL  EXAMINER OR CORONER SHALL
ACCEPT THE REPORT FOR INVESTIGATION AND SHALL REPORT HIS OR HER  FINDING
TO THE POLICE, THE APPROPRIATE DISTRICT ATTORNEY, THE LOCAL SERVICE, THE
OFFICE,  AND,  IF  THE  INSTITUTION MAKING THE REPORT IS A HOSPITAL, THE
HOSPITAL.
  S 410. IMMUNITY FROM LIABILITY. A  PERSON,  OFFICIAL,  OR  INSTITUTION
PARTICIPATING  IN  GOOD  FAITH IN PROVIDING OF SERVICES PURSUANT TO THIS
TITLE, THE MAKING OF A REPORT, THE TAKING OF PHOTOGRAPHS, THE REMOVAL OR
KEEPING OF A SENIOR PURSUANT TO THIS TITLE, OR THE DISCLOSURE OF  INFOR-
MATION  IN  COMPLIANCE WITH THIS TITLE AND RULES AND REGULATIONS PROMUL-
GATED THEREUNDER, SHALL BE IMMUNE FROM ANY LIABILITY, CIVIL OR CRIMINAL,
THAT MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS. FOR  THE  PURPOSE
OF ANY PROCEEDING, CIVIL OR CRIMINAL, THE GOOD FAITH OF ANY SUCH PERSON,
OFFICIAL,  OR  INSTITUTION  REQUIRED  TO REPORT CASES OF SENIOR ABUSE OR
MALTREATMENT OR PROVIDING A SERVICE PURSUANT  TO  THIS  TITLE  SHALL  BE
PRESUMED,  PROVIDED  SUCH  PERSON, OFFICIAL OR INSTITUTION WAS ACTING IN
DISCHARGE OF THEIR DUTIES AND WITHIN THE SCOPE OF THEIR EMPLOYMENT,  AND
THAT  SUCH LIABILITY DID NOT RESULT FROM THE WILLFUL MISCONDUCT OR GROSS
NEGLIGENCE OF SUCH PERSON, OFFICIAL OR INSTITUTION.
  S 411. PENALTIES FOR FAILURE TO REPORT. A PERSON, OFFICIAL OR INSTITU-
TION REQUIRED BY THIS TITLE TO REPORT  A  CASE  OF  SUSPECTED  ABUSE  OR
MALTREATMENT OF A SENIOR WHO WILLFULLY FAILS TO DO SO SHALL BE GUILTY OF
A CLASS A MISDEMEANOR.
  ANY PERSON, OFFICIAL OR INSTITUTION REQUIRED BY THIS CHAPTER TO REPORT
A CASE OF SUSPECTED SENIOR ABUSE OR MALTREATMENT WHO KNOWINGLY AND WILL-
FULLY FAILS TO DO SO SHALL BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY
CAUSED BY SUCH FAILURE.

S. 5582                            12

  S  412.  ANNUAL  REPORTS.  THE DIRECTOR SHALL REPORT PRIOR TO DECEMBER
FIFTEENTH OF EACH YEAR ON THE OPERATIONS OF THE REGISTRY AND THE VARIOUS
DESIGNATED AGENCIES. THE REPORT SHALL INCLUDE A FULL STATISTICAL  ANALY-
SIS  OF  THE  REPORTS MADE TO THE REGISTRY TOGETHER WITH A REPORT ON THE
IMPLEMENTATION  OF  THIS  ARTICLE, AN EVALUATION OF SERVICES OFFERED AND
RECOMMENDATIONS FOR ADDITIONAL LEGISLATION TO FULFILL  THE  PURPOSES  OF
THIS  ARTICLE.  SUCH  REPORT  SHALL  INDICATE  THE  NUMBER  OF ABUSE AND
MALTREATMENT REPORTS AND CASES RECEIVED BY THE REGISTRY BY  EACH  DESIG-
NATED  AGENCY IN THE PRECEDING YEAR, THE NUMBER OF SUCH CASES DETERMINED
TO HAVE BEEN INDICATED AND THE NUMBER OF SUCH  CASES  DETERMINED  TO  BE
UNFOUNDED  BY  EACH  DISTRICT  IN THE PRECEDING YEAR, THE NUMBER OF SUCH
CASES WHICH HAVE NOT BEEN INDICATED OR UNFOUNDED WITHIN THE TIME  PERIOD
REQUIRED BY THIS CHAPTER BY EACH DESIGNATED AGENCY IN THE PRECEDING YEAR
AND  THE  NUMBER  OF  WORKERS  ASSIGNED  TO THE DESIGNATED AGENCY IN THE
PRECEDING YEAR. THE REPORT SHALL ALSO CONTAIN DATA ON THE PROTECTION  OF
SENIORS  IN  RESIDENTIAL  CARE  FROM  ABUSE  AND MALTREATMENT, INCLUDING
REPORTS RECEIVED, RESULTS OF INVESTIGATIONS BY TYPES OF  FACILITIES  AND
PROGRAMS, TYPES OF CORRECTIVE ACTION TAKEN, AS WELL AS EFFORTS UNDERTAK-
EN BY THE OFFICE TO PROVIDE TRAINING PURSUANT TO THIS CHAPTER.

                                 TITLE 2
        DUTIES AND RESPONSIBILITIES OF THE OFFICE AND THE COUNCIL

SECTION 420. DUTIES AND RESPONSIBILITIES OF THE OFFICE.
        421. COUNCIL ON ELDER ABUSE; CREATION AND POWERS.
        422. COOPERATION OF OTHER AGENCIES.
        423. IMPLEMENTATION.
        424. SENIOR  ANTI-VIOLENCE  SERVICES RESPONSIBILITIES AND ORGAN-
               IZATION.
        425. DUTIES OF THE SAVS UNIT.
        426. LOCAL AND REGIONAL FATALITY REVIEW TEAMS.
        427. GRANTS FOR SENIOR ANTI-VIOLENCE PROJECTS.
  S 420. DUTIES AND RESPONSIBILITIES OF THE OFFICE. THE OFFICE SHALL:
  1. ENCOURAGE THE FULLEST DEGREE OF REPORTING OF SUSPECTED SENIOR ABUSE
OR  MALTREATMENT  BY  CONDUCTING  CONTINUING  PUBLICITY  AND   EDUCATION
PROGRAMS FOR PERSONS AND OFFICIALS WHO ARE REQUIRED TO REPORT AS WELL AS
OTHER APPROPRIATE PERSONS.
  2.  PROVIDE TECHNICAL ASSISTANCE ON AN ONGOING BASIS, OR AS NEEDED, OR
UPON REQUEST TO DESIGNATED AGENCIES REGARDING CASE  PLANNING,  PROVISION
OF  SERVICES, AND PERFORMANCE OR OTHER RESPONSIBILITIES PURSUANT TO THIS
TITLE.
  3. DEVELOP PROTOCOLS AND ISSUE GUIDELINES TO ASSIST  DESIGNATED  AGEN-
CIES IN EVALUATING AND ESTABLISHING INVESTIGATIVE PRIORITIES FOR REPORTS
DESCRIBING  SITUATIONS  OR  EVENTS  WHICH  MAY  POSE A CLEAR AND PRESENT
DANGER TO THE LIFE, HEALTH OR SAFETY OF A SENIOR  AND/OR  WHICH  REQUIRE
IMMEDIATE,  PERSONAL  CONTACT  BETWEEN  THE  DESIGNATED  AGENCY  AND THE
SUBJECT OF THE REPORT, THE SUBJECT'S FAMILY, OR OTHER PERSONS  NAMED  IN
THE REPORT.
  4.  ISSUE  GUIDELINES TO ASSIST DESIGNATED AGENCIES IN THE INTERPRETA-
TION AND ASSESSMENT OF REPORTS OF ABUSE AND  MALTREATMENT  MADE  TO  THE
REGISTRY,  INCLUDING  INFORMATION,  STANDARDS AND CRITERIA FOR THE IDEN-
TIFICATION OF  CREDIBLE  EVIDENCE  OF  ALLEGED  ABUSE  AND  MALTREATMENT
REQUIRED TO DETERMINE WHETHER A REPORT MAY BE INDICATED.
  5.  SET  FORTH REQUIREMENTS FOR THE PERFORMANCE BY DESIGNATED AGENCIES
OF THE DUTIES  AND  POWERS  IMPOSED  AND  CONFERRED  UPON  THEM  BY  THE
PROVISIONS  OF THIS TITLE, INCLUDING UNIFORM REQUIREMENTS FOR THE INVES-

S. 5582                            13

TIGATION OF REPORTS OF  ABUSE  OR  MALTREATMENT,  STANDARDS  FOR  INTER-
VENTION, CRITERIA FOR CASE CLOSINGS, CRITERIA FOR DETERMINING WHETHER TO
INITIATE  A  PROCEEDING,  AND  CRITERIA FOR THE FORMULATION OF TREATMENT
PLANS AND FOR THE DELIVERY OF SERVICES.
  6.  SET  FORTH  TRAINING REQUIREMENTS WHICH SHALL SPECIFY, AMONG OTHER
THINGS, THAT ALL APPROPRIATE PERSONS HIRED BY A DESIGNATED AGENCY  SHALL
HAVE  SATISFACTORILY  COMPLETED  WITHIN  THE FIRST THREE MONTHS OF THEIR
EMPLOYMENT A COURSE APPROVED BY THE OFFICE IN THE PRINCIPLES  AND  TECH-
NIQUES OF INVESTIGATIONS, RELATIONSHIPS WITH OTHER INVESTIGATIVE BODIES,
LEGAL  ISSUES,  AND  METHODS  OF  REMEDIATION,  DIAGNOSIS, TREATMENT AND
PREVENTION.
  7. TAKE ALL REASONABLE AND NECESSARY ACTIONS TO ASSURE THAT THE DESIG-
NATED AGENCIES ARE KEPT APPRISED ON A CURRENT BASIS OF THE  LAWS,  REGU-
LATIONS AND POLICIES OF THE OFFICE CONCERNING SENIOR ABUSE AND MALTREAT-
MENT.
  8. MONITOR AND SUPERVISE THE PERFORMANCE OF THE LOCAL SERVICES.
  S  421. COUNCIL ON ELDER ABUSE; CREATION AND POWERS. 1. THE COUNCIL ON
ELDER ABUSE IS HEREBY CREATED WHOSE  PURPOSE  SHALL  BE  TO  ADVISE  AND
CONSULT WITH THE DIRECTOR ON THE DEVELOPMENT OF PROGRAMS AND INITIATIVES
TO COMBAT ELDER ABUSE AS AUTHORIZED OR REQUIRED BY THIS TITLE. THE COUN-
CIL SHALL HAVE POWER BY AFFIRMATIVE VOTE OF A MAJORITY OF ITS MEMBERS TO
ESTABLISH, AND FROM TIME TO TIME, AMEND AND REPEAL RULES AND REGULATIONS
REQUIRED  TO  BE PROMULGATED PURSUANT TO THIS TITLE, SUBJECT TO APPROVAL
BY THE DIRECTOR.
  2. THE COUNCIL SHALL CONSIST  OF  FIFTEEN  PERSONS  APPOINTED  BY  THE
GOVERNOR  BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. FOUR MEMBERS
SHALL BE APPOINTED ON RECOMMENDATION OF THE TEMPORARY PRESIDENT  OF  THE
SENATE,  AND  FOUR ON RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. THE
GOVERNOR SHALL APPOINT A CHAIRPERSON AND A VICE-CHAIRPERSON AS HE OR SHE
DEEMS APPROPRIATE.
  3. MEMBERSHIP ON THE  COUNCIL  SHALL  REFLECT  THE  DIVERSITY  OF  THE
STATE'S POPULATION INCLUDING, BUT NOT LIMITED TO, THE VARIOUS GEOGRAPHIC
AREAS OF THE STATE. EACH APPOINTEE SHALL AT THE TIME OF APPOINTMENT HAVE
HAD  AT  LEAST FIVE YEARS EXPERIENCE IN THE FIELD OF ELDER ABUSE, IN LAW
ENFORCEMENT, THE JUDICIAL SYSTEM, THE PROVISION OF  SERVICES,  MEDICINE,
ADVOCACY,  OR  OTHER  SIMILAR  FIELD THAT ASSURES THAT THE APPOINTEE HAS
RECOGNIZED EXPERTISE IN THE SUBJECT AREA.
  4. EACH APPOINTEE SHALL SERVE A TERM OF FOUR YEARS, PROVIDED  THAT  OF
MEMBERS  FIRST  APPOINTED, EIGHT SHALL SERVE FOR TERMS OF TWO YEARS, AND
THE REMAINDER FOR TERMS OF FOUR YEARS, RESPECTIVELY, FROM JANUARY  FIRST
NEXT  SUCCEEDING THEIR APPOINTMENT. ANY VACANCY OCCURRING OTHERWISE THAN
BY EXPIRATION OF TERM SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL
APPOINTMENT FOR THE BALANCE OF THE UNEXPIRED TERM. MEMBERS OF THE  COUN-
CIL  SHALL  CONTINUE  IN OFFICE UNTIL THEIR SUCCESSORS ARE APPOINTED AND
SHALL HAVE QUALIFIED.
  5. THE COUNCIL MAY EMPLOY EITHER DIRECTLY OR BY  CONTRACTUAL  ARRANGE-
MENT  SUCH  PERSONNEL  AS IT SHALL DEEM NECESSARY FOR THE PERFORMANCE OF
ITS FUNCTIONS, WITHIN AMOUNTS MADE AVAILABLE BY APPROPRIATION  THEREFOR.
IN  ADDITION,  THE  DIRECTOR,  ON  HIS OR HER INITIATIVE AND THROUGH THE
POWERS HEREBY PROVIDED HIM OR HER, MAY PROVIDE THE COUNCIL  WITH  UP  TO
TWO LOANED OFFICERS OR EMPLOYEES FROM THE OFFICE, ALONG WITH SUCH ADMIN-
ISTRATIVE-SECRETARIAL SUPPORT STAFF AS SHALL BE REQUIRED, THE DUTIES AND
WORK  OF WHOM ARE HEREBY DECLARED TO BE AN ESSENTIAL STATE PURPOSE. SUCH
LOANED EMPLOYEES SHALL SUFFER NO DIMINUTION  OF  THEIR  COMPENSATION  OR
BENEFITS  AS A RESULT OF SUCH ASSIGNMENT, PROVIDED THAT NO SUCH TRANSFER
SHALL BE MADE EXCEPT WITH THE APPROVAL OF THE DIRECTOR  OF  THE  BUDGET,

S. 5582                            14

AND  IN  COMPLIANCE  WITH THE RULES AND REGULATIONS OF THE CIVIL SERVICE
COMMISSION OF THE STATE.
  6. MEMBERS SHALL RECEIVE NO SALARY OR OTHER COMPENSATION, BUT SHALL BE
ENTITLED  TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN
THE PERFORMANCE OF OFFICIAL DUTIES. ANY OTHER PROVISION OF THIS  OR  ANY
OTHER LAW TO THE CONTRARY NOTWITHSTANDING, NO OFFICER OR EMPLOYEE OF THE
STATE,  OR  OF  ANY  CIVIL  DIVISION  THEREOF,  SHALL  BE DEEMED TO HAVE
FORFEITED OR SHALL FORFEIT HIS OR HER OFFICE OR EMPLOYMENT OR ANY  BENE-
FITS  PROVIDED UNDER THE RETIREMENT AND SOCIAL SECURITY LAW BY REASON OF
ACCEPTANCE OF MEMBERSHIP ON THE COUNCIL ON ELDER ABUSE, PROVIDED, HOWEV-
ER, THAT A MEMBER WHO HOLDS SUCH OTHER PUBLIC OFFICE OR EMPLOYMENT SHALL
BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES  INCURRED
IN  THE  PERFORMANCE  OF  SUCH  SERVICES BUT SHALL RECEIVE NO ADDITIONAL
COMPENSATION FOR SERVICES RENDERED PURSUANT TO THIS SECTION.
  7. MEMBERS MAY ENGAGE IN PRIVATE EMPLOYMENT, OR  IN  A  PROFESSION  OR
BUSINESS, SUBJECT TO THE LIMITATIONS CONTAINED IN SECTIONS SEVENTY-THREE
AND  SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW. THE COUNCIL ON ELDER ABUSE
SHALL, FOR THE PURPOSES OF SECTIONS SEVENTY-THREE  AND  SEVENTY-FOUR  OF
THE PUBLIC OFFICERS LAW, BE A "STATE AGENCY," AND ITS DIRECTORS SHALL BE
"OFFICERS" OF THE AUTHORITY FOR THE PURPOSES OF SUCH SECTIONS.
  8.  EIGHT  MEMBERS  OF  THE  COUNCIL ON ELDER ABUSE SHALL CONSTITUTE A
QUORUM FOR TRANSACTION OF BUSINESS OR THE EXERCISE OF ANY POWER  OF  THE
COUNCIL,  AND  THE  COUNCIL  SHALL  HAVE POWER TO ACT BY MAJORITY OF THE
MEMBERS PRESENT AT ANY MEETING AT WHICH A QUORUM IS IN ATTENDANCE. NOTH-
ING CONTAINED IN THIS TITLE SHALL PREVENT THE  MEMBERS  FROM  CONDUCTING
ITS  MEETINGS  BY  TELE-VIDEO OR TELECONFERENCE, OR BY TELEPHONE CONFER-
ENCE, PROVIDED THAT A QUORUM SHALL BE PHYSICALLY PRESENT.
  9. THE COUNCIL SHALL MEET AT LEAST FOUR TIMES  EACH  YEAR,  AND  ADDI-
TIONALLY AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE.
  10. THE COUNCIL SHALL ENACT AND FROM TIME TO TIME MAY AMEND BY-LAWS IN
RELATION TO ITS MEETINGS AND THE TRANSACTION OF ITS BUSINESS.
  11.  NO  CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST ANY MEMBER
OF THE COUNCIL FOR ANY ACT DONE, FAILURE TO ACT, OR STATEMENT OR OPINION
MADE, WHILE DISCHARGING DUTIES AS A MEMBER OF THE COUNCIL, AND NO MEMBER
SHALL BE LIABLE FOR DAMAGES IN ANY ACTION IF THE MEMBER SHALL HAVE ACTED
IN GOOD FAITH, WITH REASONABLE CARE AND UPON PROBABLE CAUSE.
  12. THE DIRECTOR SHALL CONSULT WITH THE COUNCIL ON ANY MATTER REQUIRED
BY THIS TITLE RELATING TO ELDER ABUSE, AND THE  COUNCIL  SHALL  CONSIDER
ANY SUCH MATTER AND ADVISE THE DIRECTOR THEREON. THE DIRECTOR SHALL TAKE
NO ACTION REQUIRED BY THIS TITLE WITHOUT FIRST CONSULTING WITH THE COUN-
CIL, PROVIDED HOWEVER THAT THE COUNCIL'S FAILURE TO RESPOND WITHIN THIR-
TY  BUSINESS  DAYS TO ANY SUCH REQUEST FOR ADVICE AND CONSULTATION SHALL
NOT BE DEEMED AN IMPAIRMENT OF THE DIRECTOR'S POWER, ABILITY, OR RESPON-
SIBILITY TO IMPLEMENT PROVISIONS OF THIS TITLE.  THE  COUNCIL  MAY  FROM
TIME  TO TIME SUBMIT TO THE DIRECTOR, THE GOVERNOR, AND THE LEGISLATURE,
ANY RECOMMENDATIONS IT MAY HAVE RELATING TO ELDER ABUSE.
  S 422. COOPERATION OF OTHER AGENCIES. 1. THE OFFICE AND THE OFFICE  OF
CHILDREN  AND  FAMILY SERVICES ARE HEREWITH EMPOWERED TO AND SHALL ENTER
INTO A MEMORANDUM OF UNDERSTANDING TO EXECUTE THE PURPOSES AND INTENT OF
THIS ARTICLE. SUCH  MEMORANDUM  OF  UNDERSTANDING  SHALL  ESTABLISH  THE
OFFICE,  DESIGNATED  AGENCIES, AND "SAVS UNITS" (AS DESCRIBED IN SECTION
FOUR HUNDRED TWENTY-FOUR OF THIS TITLE) AS THE LEAD AGENCIES FOR  INVES-
TIGATION  OF  ABUSE AND MALTREATMENT OF SENIORS, SHALL ASSURE THAT ADULT
PROTECTIVE SERVICES UNITS ARE AN INTEGRAL PART  OF  THE  LOCAL  SERVICES
TEAMS,  SHALL ASSURE APPROPRIATE SHARING OF INFORMATION, AND INSURE THAT
APPROPRIATE AMENDMENTS ARE MADE TO LOCAL SERVICES PLANS.

S. 5582                            15

  2. TO EFFECTUATE THE PURPOSES OF THIS TITLE, THE DIRECTOR MAY  REQUEST
AND  SHALL  RECEIVE  FROM OFFICES, BOARDS, BUREAUS, OR OTHER AGENCIES OF
THE STATE, OR ANY OF ITS POLITICAL SUBDIVISIONS, OR ANY DULY  AUTHORIZED
AGENCY,  OR  ANY OTHER AGENCY PROVIDING SERVICES TO SENIORS SUCH ASSIST-
ANCE  AND  DATA  AS  WILL  ENABLE  THE OFFICE AND DESIGNATED AGENCIES TO
FULFILL THEIR RESPONSIBILITIES.
  3. IN RELATION TO AN INVESTIGATION OF A REPORT OF ABUSE  OR  MALTREAT-
MENT  INVOLVING A SENIOR IN RESIDENTIAL CARE, SUCH DATA MAY INCLUDE, BUT
NEED NOT BE LIMITED TO, THE CASE RECORDS OF THE SENIOR WHO ALLEGEDLY WAS
ABUSED OR MALTREATED AND ANY OTHER SENIOR WHO  ALLEGEDLY  WITNESSED  THE
ABUSE  OR  MALTREATMENT  AND,  CONSISTENT  WITH  APPROPRIATE  COLLECTIVE
BARGAINING AGREEMENTS AND APPLICABLE PROVISIONS  OF  THE  CIVIL  SERVICE
LAW,  THOSE  PORTIONS  OF  THE  EMPLOYMENT  RECORD OF THE SUBJECT OF THE
REPORT CONSIDERED BY THE SUBJECT'S EMPLOYER TO BE RELEVANT  AND  REASON-
ABLY RELATED TO THE ALLEGATIONS BEING INVESTIGATED BY THE OFFICE.
  S  423.  IMPLEMENTATION.  1. THE DIRECTOR, AFTER CONSULTATION WITH THE
COUNCIL, SHALL ESTABLISH TIMELINES FOR COMPLETING  THE  REQUIREMENTS  OF
THIS TITLE, AS FOLLOWS:
  (A)  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS TITLE, THE DIRECTOR
SHALL:
  (I) ESTABLISH PLANNING PROTOCOLS FOR ESTABLISHMENT  OF  THE  STATEWIDE
CENTRAL REGISTRY FOR ABUSE AND NEGLECT;
  (II)  ESTABLISH A TRAINING REGIME FOR DESIGNATED AGENCIES AND TEAMS OF
LOCAL SERVICES;
  (III) ESTABLISH INVESTIGATORY PROTOCOLS FOR  DESIGNATED  AGENCIES  AND
TEAMS OF LOCAL SERVICES;
  (IV)  ESTABLISH A WEBSITE TO CONVEY INFORMATION ABOUT SENIOR ABUSE AND
MALTREATMENT, AND THE PROVISIONS OF THIS TITLE; AND
  (V) COMPLETE AGREEMENTS AS NECESSARY  OR  REQUIRED  PURSUANT  TO  THIS
TITLE WITH OTHER STATE, LOCAL, AND FEDERAL AGENCIES REGARDING THE IMPLE-
MENTATION OF THE PROVISIONS OF THIS TITLE.
  (B)  WITHIN  EIGHTEEN  MONTHS OF THE EFFECTIVE DATE OF THIS TITLE, THE
DIRECTOR SHALL:
  (I) PROMULGATE REGULATIONS CONCERNING PERSONS WHO SHALL HAVE ACCESS TO
INFORMATION AND DATA CONTAINED IN THE REGISTRY, AND THE  CONFIDENTIALITY
REQUIREMENTS GOVERNING SUCH ACCESS.
  (II)  PROMULGATE  REGULATIONS CONCERNING SHARING OF INFORMATION, DATA,
AND REPORTS TO THE REGISTRY FOR INVESTIGATORY PURPOSES.
  (III) COMPLETE TRAINING OF DESIGNATED  AGENCIES  AND  TEAMS  OF  LOCAL
SERVICES IN AT LEAST FIFTY PERCENT OF THE COUNTIES OF THE STATE.
  (C) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE, THE DIRECTOR
SHALL:
  (I) ESTABLISH THE STATEWIDE CENTRAL REGISTRY FOR ABUSE AND NEGLECT.
  (II)  COMPLETE  TRAINING OF THE DESIGNATED AGENCIES AND TEAMS OF LOCAL
SERVICES.
  S 424. SENIOR ANTI-VIOLENCE SERVICES  RESPONSIBILITIES  AND  ORGANIZA-
TION.  1. EVERY DESIGNATED AGENCY SHALL ESTABLISH A SENIOR ANTI-VIOLENCE
SERVICE  (SAVS) UNIT WITHIN SUCH AGENCY. THE SERVICE SHALL PERFORM THOSE
FUNCTIONS ASSIGNED BY THIS TITLE TO  IT  AND  OTHERS  THAT  FURTHER  THE
PURPOSES OF THIS TITLE.
  2. EVERY DESIGNATED AGENCY SHALL PROVIDE TO THE SAVS UNIT ANY INFORMA-
TION  AVAILABLE  TO  IT  OR  IN  ITS POSSESSION WHICH IS RELEVANT TO THE
INVESTIGATION OF A REPORT OF ABUSE OR MALTREATMENT OF A SENIOR OR TO THE
PROVISION OF SERVICES, WHERE THE CONFIDENTIALITY OF SUCH INFORMATION  IS
NOT EXPRESSLY PROTECTED BY LAW.

S. 5582                            16

  3.  THE SAVS UNIT SHALL HAVE A SUFFICIENT STAFF OF PERSONS WITH SUFFI-
CIENT QUALIFICATIONS TO FULFILL THE PURPOSES OF THIS TITLE, ORGANIZED SO
AS TO MAXIMIZE THE CONTINUITY OF RESPONSIBILITY,  CARE  AND  SERVICE  TO
SENIORS.   A DESIGNATED AGENCY SHALL HAVE FLEXIBILITY IN ASSIGNING STAFF
TO THE SAVS UNIT PROVIDED THAT SUCH STAFF HAS THE QUALIFICATIONS AND HAS
RECEIVED THE TRAINING REQUIRED BY THE OFFICE.
  4.  CONSISTENT  WITH  APPROPRIATE COLLECTIVE BARGAINING AGREEMENTS AND
APPLICABLE PROVISIONS OF THE CIVIL SERVICE LAW, EVERY  SAVS  UNIT  SHALL
ESTABLISH  A  PROCEDURE  TO  REVIEW  AND EVALUATE THE BACKGROUNDS OF AND
INFORMATION SUPPLIED BY APPLICANTS  FOR  EMPLOYMENT.    SUCH  PROCEDURES
SHALL  INCLUDE BUT NOT BE LIMITED TO REQUIREMENTS THAT THE APPLICANT SET
FORTH HIS OR HER EMPLOYMENT HISTORY,  PROVIDE  PERSONAL  AND  EMPLOYMENT
REFERENCES  AND  RELEVANT  EXPERIENTIAL AND EDUCATIONAL INFORMATION, AND
SIGN A SWORN STATEMENT INDICATING WHETHER THE APPLICANT, TO THE BEST  OF
HIS  OR  HER KNOWLEDGE, HAS EVER BEEN CONVICTED OF A CRIME IN THIS STATE
OR ANY OTHER JURISDICTION.
  5. ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY  NOTWITHSTAND-
ING,  THE  SAVS  UNIT SHALL BE THE LEAD ENTITY RESPONSIBLE FOR RECEIVING
AND INVESTIGATING REPORTS OF ABUSE OR MALTREATMENT OF  SENIORS  AND  FOR
COORDINATING  SERVICES TO SUCH SENIORS.  IT MAY PURCHASE AND UTILIZE THE
SERVICES OF ANY APPROPRIATE PUBLIC OR VOLUNTARY AGENCY IN  PROVIDING  OR
ARRANGING FOR SUCH SERVICES.  SERVICES PURCHASED BY THE SAVS UNIT PURSU-
ANT TO THIS TITLE SHALL BE REIMBURSED BY THE STATE TO THE LOCALITY.
  6.  EACH DESIGNATED AGENCY SHALL SUBMIT TO THE DIRECTOR, AFTER CONSUL-
TATION WITH LOCAL LAW ENFORCEMENT AGENCIES, THE FAMILY COURT AND  APPRO-
PRIATE   PUBLIC  VOLUNTARY  AGENCIES  AND  AFTER  A  PUBLIC  HEARING,  A
DISTRICT-WIDE SENIOR ANTI-VIOLENCE ENFORCEMENT PLAN,  AS  PRESCRIBED  BY
THE  DIRECTOR  WHICH  SHALL  DESCRIBE  THE  IMPLEMENTATION OF THIS TITLE
INCLUDING THE ORGANIZATION, STAFFING, MODE OF OPERATIONS  AND  FINANCING
OF  THE SAVS UNIT AS WELL AS THE PROVISIONS MADE FOR PURCHASE OF SERVICE
AND INTER-AGENCY RELATIONS.  EACH DESIGNATED AGENCY  SHALL  PREPARE  AND
SUBMIT  ANNUAL  IMPLEMENTATION  REPORTS INCLUDING INFORMATION RELATED TO
ITS SAVS UNIT TO THE OFFICE FOR ITS REVIEW AND APPROVAL.
  7. A SAVS UNIT SHALL ESTABLISH A MULTIDISCIPLINARY INVESTIGATIVE  TEAM
OR  TEAMS FOR THE PURPOSE OF INVESTIGATING REPORTS OF SUSPECTED ABUSE OR
MALTREATMENT OF SENIORS.  SUCH MULTIDISCIPLINARY INVESTIGATIVE TEAM  MAY
INCLUDE,  BUT  IS NOT LIMITED TO, REPRESENTATIVES FROM THE ADULT PROTEC-
TIVE SERVICE, OFFICE OF THE DISTRICT ATTORNEY OR LOCAL LAW  ENFORCEMENT,
THE  MEDICAL PROFESSION, PUBLIC HEALTH AGENCIES, MENTAL HEALTH AGENCIES,
MEDICAL FACILITIES, INCLUDING HOSPITALS OR OTHER APPROPRIATE AGENCIES OR
INSTITUTIONS AND PERSONNEL OF ANY EXISTING SENIOR  ADVOCACY  OR  SERVICE
CENTERS.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY,
MEMBERS OF A MULTIDISCIPLINARY INVESTIGATIVE TEAM MAY SHARE  WITH  OTHER
TEAM  MEMBERS  CLIENT-IDENTIFIABLE  INFORMATION CONCERNING THE SENIOR OR
SENIOR'S FAMILY TO FACILITATE THE INVESTIGATION OF  SUSPECTED  ABUSE  OR
MALTREATMENT.  NOTHING HEREIN SHALL PRECLUDE THE CREATION OF MULTIDISCI-
PLINARY TEAMS WHICH INCLUDE MORE THAN ONE DESIGNATED AGENCY.  EACH  TEAM
SHALL  DEVELOP  A  WRITTEN  PROTOCOL  FOR INVESTIGATION OF ABUSE AND FOR
INTERVIEWING ABUSE AND MALTREATMENT VICTIMS.
  8. A SAVS UNIT SHALL PLAN WITH OTHER  PUBLIC,  PRIVATE  AND  VOLUNTARY
AGENCIES  INCLUDING  BUT  NOT  LIMITED  TO HEALTH, MENTAL HEALTH, AGING,
LEGAL AND LAW ENFORCEMENT AGENCIES, FOR THE PURPOSE OF ASSURING  MAXIMUM
LOCAL   UNDERSTANDING,   COORDINATION  AND  COOPERATIVE  ACTION  IN  THE
PROVISION OF APPROPRIATE SERVICES.
  S 425. DUTIES OF THE SAVS UNIT. 1. A SAVS  UNIT  SHALL  RECEIVE  ON  A
TWENTY-FOUR  HOUR, SEVEN DAY A WEEK BASIS ALL REPORTS OF SUSPECTED ABUSE

S. 5582                            17

OR MALTREATMENT OF A SENIOR IN ACCORDANCE WITH  THIS  TITLE,  THE  LOCAL
PLAN  AND  THE  REGULATIONS OF THE DIRECTOR, AND SHALL MAINTAIN AND KEEP
UP-TO-DATE A REGISTRY OF ALL CASES REPORTED UNDER  THIS  TITLE  TOGETHER
WITH  ANY  ADDITIONAL  INFORMATION  OBTAINED  AND  A RECORD OF THE FINAL
DISPOSITION OF THE REPORT, INCLUDING SERVICES OFFERED AND ACCEPTED.
  2. UPON RECEIPT OF A WRITTEN REPORT, THE SAVS UNIT  SHALL  TRANSMIT  A
COPY  TO  THE STATE REGISTRY, AND WITHIN SEVEN DAYS AFTER RECEIPT OF THE
INITIAL REPORT, SHALL SEND A PRELIMINARY WRITTEN REPORT OF  THE  INITIAL
INVESTIGATION,  INCLUDING  EVALUATION AND ACTIONS TAKEN OR CONTEMPLATED,
TO THE REGISTRY. FOLLOW-UP REPORTS SHALL BE MADE  AT  REGULAR  INTERVALS
THEREAFTER IN A MANNER AND FORM PRESCRIBED BY THE DIRECTOR BY REGULATION
TO THE END THAT THE STATE REGISTRY IS KEPT FULLY INFORMED AND UP-TO-DATE
CONCERNING THE HANDLING OF REPORTS.
  3.  A  SAVS UNIT SHALL GIVE TELEPHONE NOTICE AND FORWARD IMMEDIATELY A
COPY OF REPORTS MADE PURSUANT TO THIS TITLE WHICH INVOLVE THE DEATH OF A
SENIOR TO THE APPROPRIATE  DISTRICT  ATTORNEY.  IN  ADDITION,  TELEPHONE
NOTICE  SHALL BE GIVEN AND A COPY OF ANY OR ALL REPORTS MADE PURSUANT TO
THIS TITLE SHALL BE FORWARDED IMMEDIATELY TO  THE  APPROPRIATE  DISTRICT
ATTORNEY  IF  A  PRIOR REQUEST IN WRITING FOR SUCH NOTICE AND COPIES HAS
BEEN MADE TO THE UNIT BY THE DISTRICT  ATTORNEY,  AND  IF  THE  DIRECTOR
SHALL  APPROVE.  SUCH  REQUEST  SHALL  SPECIFY  THE KINDS OF ALLEGATIONS
CONCERNING WHICH THE DISTRICT ATTORNEY REQUIRES SUCH NOTICE  AND  COPIES
AND SHALL PROVIDE A COPY OF THE RELEVANT PROVISIONS OF LAW.
  4.  UPON  RECEIPT  OF A REPORT, THE SAVS UNIT SHALL WITHIN TWENTY-FOUR
HOURS COMMENCE AN INVESTIGATION OF THE RISK FOR THE SENIOR TO REMAIN  IN
THE  EXISTING  ENVIRONMENT,  A  DETERMINATION  OF THE NATURE, EXTENT AND
CAUSE OF ANY CONDITION ENUMERATED IN THE REPORT, AND,  AFTER  SEEING  TO
THE  SAFETY  OF  THE SENIOR, NOTIFY THE SUBJECTS OF THE REPORT AND OTHER
PERSONS NAMED IN THE REPORT IN WRITING OF THE EXISTENCE  OF  THE  REPORT
AND  EACH PERSON'S RESPECTIVE RIGHTS PURSUANT TO THIS TITLE IN REGARD TO
AMENDMENT.
  5. THE SAVS UNIT SHALL  DETERMINE,  WITHIN  SIXTY  DAYS,  WHETHER  THE
REPORT IS "INDICATED" OR "UNFOUNDED".
  6. THE UNIT SHALL REFER ANY SUSPECTED CASES OF FALSELY REPORTING ABUSE
AND  MALTREATMENT  OF A SENIOR TO THE APPROPRIATE LAW ENFORCEMENT AGENCY
OR DISTRICT ATTORNEY.
  7. THE SAVS UNIT SHALL TAKE APPROPRIATE ACTION  TO  PROTECT  A  SENIOR
FROM  FURTHER  ABUSE  OR  MALTREATMENT,  INCLUDING  OFFERING APPROPRIATE
SERVICES AND IN CASES IN WHICH AN OFFER OF SERVICE IS  REFUSED  AND  THE
SAVS UNIT DETERMINES THAT THE BEST INTERESTS OF THE SENIOR REQUIRE COURT
ACTION,  INITIATE  THE  APPROPRIATE PROCEEDING OR MAKE A REFERRAL TO THE
APPROPRIATE DISTRICT ATTORNEY, OR BOTH.
  8. ANY DESIGNATED AGENCY OR SAVS UNIT OFFICIAL AUTHORIZED OR  REQUIRED
TO DETERMINE THE NEED FOR AND/OR PROVIDE OR ARRANGE FOR THE PROVISION OF
SERVICES  TO  SENIORS  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS TITLE
SHALL HAVE IMMUNITY FROM ANY CIVIL LIABILITY THAT MIGHT OTHERWISE RESULT
BY REASON OF PROVIDING SUCH SERVICES, PROVIDED SUCH OFFICIAL WAS  ACTING
WITHIN  THE SCOPE OF EMPLOYMENT AND IN THE DISCHARGE OF OFFICIAL DUTIES,
AND THAT SUCH LIABILITY DID NOT RESULT FROM THE  WILLFUL  ACT  OR  GROSS
NEGLIGENCE OF SUCH OFFICIAL OR HIS OR HER DESIGNEE.
  9.  WHEN  A SAVS OFFICIAL SHALL HAVE REASON TO BELIEVE THAT A CRIMINAL
OFFENSE HAS BEEN COMMITTED AGAINST A SENIOR WHO  HAS  BECOME  AN  ABUSED
SENIOR,  THE  OFFICIAL  SHALL REPORT THIS INFORMATION TO THE APPROPRIATE
POLICE OR SHERIFF'S DEPARTMENT AND THE DISTRICT ATTORNEY'S  OFFICE  WHEN
SUCH OFFICE HAS REQUESTED SUCH INFORMATION BE REPORTED BY A LOCAL SOCIAL
SERVICES OFFICIAL OR HIS OR HER DESIGNEE.

S. 5582                            18

  S  426. LOCAL AND REGIONAL FATALITY REVIEW TEAMS. 1. A FATALITY REVIEW
TEAM MAY BE ESTABLISHED AT A LOCAL OR REGIONAL LEVEL, WITH THE  APPROVAL
OF  THE OFFICE, FOR THE PURPOSE OF INVESTIGATING THE DEATH OF ANY SENIOR
IN THE CASE OF A REPORT MADE TO THE REGISTRY. NOTWITHSTANDING ANY  OTHER
PROVISION  OF  LAW  TO  THE  CONTRARY  AND TO THE EXTENT CONSISTENT WITH
FEDERAL LAW, SUCH LOCAL OR REGIONAL  FATALITY  REVIEW  TEAM  SHALL  HAVE
ACCESS  TO  THOSE CLIENT-IDENTIFIABLE RECORDS NECESSARY FOR THE PREPARA-
TION OF THE REPORT, AS AUTHORIZED IN ACCORDANCE WITH THIS TITLE.
  2. A LOCAL OR REGIONAL FATALITY REVIEW  TEAM  MUST  INCLUDE  REPRESEN-
TATIVES  FROM  THE LOCAL SERVICE, THE OFFICE, THE OFFICE OF THE DISTRICT
ATTORNEY OR LOCAL LAW ENFORCEMENT, OFFICE OF  THE  MEDICAL  EXAMINER  OR
CORONER,  AND A PHYSICIAN OR COMPARABLE MEDICAL PROFESSIONAL. A LOCAL OR
REGIONAL FATALITY REVIEW TEAM  MAY  ALSO  INCLUDE  REPRESENTATIVES  FROM
PUBLIC  HEALTH AGENCIES, MENTAL HEALTH AGENCIES, AND MEDICAL FACILITIES,
INCLUDING HOSPITALS OR OTHER APPROPRIATE AGENCIES OR INSTITUTIONS.
  S 427. GRANTS FOR SENIOR ANTI-VIOLENCE PROJECTS. THE  DIRECTOR  SHALL,
WITHIN  AMOUNTS  APPROPRIATED  THEREFOR  FROM  THE  SENIOR ANTI-VIOLENCE
SERVICES ACCOUNT ESTABLISHED PURSUANT TO  SECTION  NINETY-SEVEN-JJJJ  OF
THE  STATE FINANCE LAW, PROVIDE GRANTS TO LOCAL GOVERNMENTS AND NOT-FOR-
PROFIT ORGANIZATIONS TO:
  1. IMPROVE RESEARCH, DATA COLLECTION,  AND  REPORTING  ON  ELDER/ADULT
ABUSE.
  2. IMPLEMENT RESEARCH AND PROGRAM INNOVATION.
  3. PUBLIC EDUCATION.
  4. DEVELOPMENT OF INTERGOVERNMENTAL AND PUBLIC-PRIVATE PARTNERSHIPS TO
COMBAT ELDER ABUSE.
  5.  RESEARCH INTO DELIVERY SYSTEMS AND BARRIERS TO ACCESS THE SERVICES
SYSTEM, DATA COLLECTION AND REPORTING.
  6. PROTECTION OF VICTIMS.
  7. DEVELOPMENT OF  BEST  AND  INNOVATIVE  PRACTICES  IN  CARRYING  OUT
SERVICES.
  8.  REVIEW  OF  POLICIES  IN  ORDER  TO BETTER COORDINATE PREVENTIONS,
INTERVENTIONS (INCLUDING PROSECUTION), SERVICES AND VICTIMS'  ASSISTANCE
FOR ABUSED, EXPLOITED, AND NEGLECTED ELDERS.
  9.  DEVELOPMENT  OF  A  BROAD-BASED,  MULTIDISCIPLINARY  TASK FORCE OR
COALITION TO EXAMINE SYSTEMIC APPROACHES TO RESPONDING TO ELDER ABUSE.
  10. DEVELOPMENT AND IMPLEMENTATION  OF  A  MULTIDISCIPLINARY  RESEARCH
AGENDA TO SUSTAIN, ADVANCE AND ASSESS PROFESSIONAL TRAINING AND PRACTICE
ON ADULT OR ELDER ABUSE.
  11.  PROVIDE  SPECIALIZED TRAINING TO COMPONENTS OF THE JUSTICE SYSTEM
IS ESSENTIAL TO BETTER IDENTIFY CASES, IMPROVE INVESTIGATIONS,  INCREASE
PROSECUTIONS,  BETTER SERVE VICTIMS, ESTABLISH INTERDISCIPLINARY COORDI-
NATION, AND PROMOTE ELDER ABUSE AND NEGLECT PREVENTION PROGRAMS.
  S 3.  The section heading and subdivision 1 of section  60.35  of  the
penal  law,  as amended by section 1 of part E of chapter 56 of the laws
of 2004, subparagraphs (i), (ii) and (iii) of paragraph (a) of  subdivi-
sion  1  as amended by section 1 of part DD of chapter 56 of the laws of
2008, and paragraph (b) of subdivision 1 as amended by  chapter  320  of
the laws of 2006, are amended to read as follows:
  Mandatory  surcharge, sex offender registration fee, DNA databank fee,
supplemental sex offender victim fee [and], crime victim assistance  AND
A SENIOR ANTI-VIOLENCE SERVICES fee required in certain cases.
  1.  (a)  Except  as  provided  in section eighteen hundred nine of the
vehicle and traffic law and section 27.12 of the parks,  recreation  and
historic  preservation  law,  whenever  proceedings in an administrative
tribunal or a court of this state result in a conviction for a felony, a

S. 5582                            19

misdemeanor, or a violation, as these terms are defined in section 10.00
of this chapter,  there  shall  be  levied  at  sentencing  a  mandatory
surcharge,  sex  offender  registration  fee,  DNA databank fee [and], a
crime  victim  assistance fee AND A SENIOR ANTI-VIOLENCE SERVICES FEE in
addition to any sentence required or permitted  by  law,  in  accordance
with the following schedule:
  (i)  a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars [and], a crime victim assistance  fee  of  twenty-
five dollars, AND A SENIOR ANTI-VIOLENCE SERVICES FEE OF FIFTY DOLLARS;
  (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
surcharge of one hundred seventy-five  dollars  [and],  a  crime  victim
assistance  fee  of  twenty-five  dollars,  AND  A  SENIOR ANTI-VIOLENCE
SERVICES FEE OF FIFTY DOLLARS;
  (iii) a  person  convicted  of  a  violation  shall  pay  a  mandatory
surcharge of ninety-five dollars [and], a crime victim assistance fee of
twenty-five  dollars,  AND  A SENIOR ANTI-VIOLENCE SERVICES FEE OF FIFTY
DOLLARS;
  (iv) a person convicted of a sex offense as defined by subdivision two
of section one hundred sixty-eight-a of the correction law or a sexually
violent offense as defined by subdivision three of section  one  hundred
sixty-eight-a  of  the  correction law shall, in addition to a mandatory
surcharge and crime victim assistance fee, pay a sex offender  registra-
tion fee of fifty dollars[.], AND A SENIOR ANTI-VIOLENCE SERVICES FEE OF
FIFTY DOLLARS;
  (v)  a person convicted of a designated offense as defined by subdivi-
sion seven of section nine hundred  ninety-five  of  the  executive  law
shall,  in addition to a mandatory surcharge and crime victim assistance
fee, pay a DNA databank fee of fifty dollars, AND A SENIOR ANTI-VIOLENCE
SERVICES FEE OF FIFTY DOLLARS.
  (b) When the  felony  or  misdemeanor  conviction  in  [subparagraphs]
SUBPARAGRAPH  (i),  (ii)  or  (iv)  of paragraph (a) of this subdivision
results from an offense contained in article one hundred thirty of  this
chapter,  incest  in  the  third,  second  or first degree as defined in
sections 255.25, 255.26  and  255.27  of  this  chapter  or  an  offense
contained in article two hundred sixty-three of this chapter, the person
convicted  shall pay a supplemental sex offender victim fee of one thou-
sand dollars, AND A SENIOR ANTI-VIOLENCE SERVICES FEE  OF  FIVE  HUNDRED
DOLLARS, in addition to the mandatory surcharge and any other fee.
  S  4. The state finance law is amended by adding a new section 97-jjjj
to read as follows:
  S 97-JJJJ. SENIOR ANTI-VIOLENCE SERVICES ACCOUNT. 1. THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF THE DEPARTMENT OF TAXATION AND FINANCE A SPECIAL REVENUE
FUND TO BE KNOWN AS THE "SENIOR ANTI-VIOLENCE SERVICES ACCOUNT".
  2. THE SENIOR ANTI-VIOLENCE SERVICES ACCOUNT SHALL  CONSIST  OF  THOSE
MONIES  RECEIVED BY THE STATE PURSUANT TO SECTION 60.35 OF THE PENAL LAW
AND MONIES RECEIVED BY THE STATE PURSUANT TO  SECTION  EIGHTEEN  HUNDRED
NINE  OF THE VEHICLE AND TRAFFIC LAW FROM ANY COURT OF THE UNIFIED COURT
SYSTEM OTHER THAN TOWN OR VILLAGE COURTS  AND  ALL  OTHER  FEES,  FINES,
GRANTS,  BEQUESTS  OR OTHER MONIES CREDITED, APPROPRIATED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE.
  3. MONIES OF THE  SENIOR  ANTI-VIOLENCE  SERVICES  ACCOUNT,  FOLLOWING
APPROPRIATION  BY  THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE
BUDGET SHALL  BE  MADE  AVAILABLE  FOR  LOCAL  ASSISTANCE  SERVICES  AND
EXPENSES  OF  PROGRAMS  TO PROVIDE SENIOR ANTI-VIOLENCE SERVICES THROUGH

S. 5582                            20

THE STATE OFFICE FOR THE AGING, AS ADMINISTERED PURSUANT  TO  THE  ELDER
LAW.
  S  5. Section 1809 of the vehicle and traffic law, as amended by chap-
ter 55 of the laws of 1992, subdivision 1 as amended  by  section  2  of
part  DD  of  chapter  56 of the laws of 2008, the opening paragraph and
paragraph (c) of subdivision 1 as separately amended by sections 4,  17,
17,  17  and  4 of chapters 19, 20, 21, 22, and 23, respectively, of the
laws of 2009, subdivision 2 as amended by section 1 of part I of chapter
59 of the laws of 2009, subdivision 3 as amended by chapter 309  of  the
laws  of  1996,  subdivision  5 as amended by chapter 385 of the laws of
1999, subdivision 8 as amended by section 14 of part U of chapter 56  of
the laws of 2009, subdivision 9 as amended by chapter 452 of the laws of
1999,  and  subdivision 10 as added by section 3 of part F of chapter 56
of the laws of 2004, is amended to read as follows:
  S 1809. Mandatory surcharge and crime victim assistance  fee  required
in certain cases.  1. Whenever proceedings in an administrative tribunal
or  a  court  of  this state result in a conviction for an offense under
this chapter or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-a  of this chapter, there shall be levied a crime victim
assistance fee, A SENIOR ANTI-VIOLENCE  SERVICES  FEE  and  a  mandatory
surcharge,  in addition to any sentence required or permitted by law, in
accordance with the following schedule:
  (a) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result in a conviction for a traffic infraction pursuant to
article nine of this chapter, there  shall  be  levied  a  crime  victim
assistance  fee  in  the  amount of five dollars, A SENIOR ANTI-VIOLENCE
SERVICES FEE OF FIVE DOLLARS and a mandatory surcharge, in  addition  to
any  sentence required or permitted by law, in the amount of twenty-five
dollars.
  (b) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result in a conviction for a misdemeanor or felony pursuant
to section eleven hundred ninety-two of this  chapter,  there  shall  be
levied,  in  addition  to  any  sentence required or permitted by law, a
crime victim assistance fee in the  amount  of  twenty-five  dollars,  A
SENIOR  ANTI-VIOLENCE  SERVICES  FEE  OF  FIVE  DOLLARS  and a mandatory
surcharge in accordance with the following schedule:
  (i) a person convicted of a felony shall pay a mandatory surcharge  of
three hundred dollars;
  (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
surcharge of one hundred seventy-five dollars.
  (c) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result  in  a  conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter,  or  a  local  law,
ordinance,  rule  or  regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping,  or  parking  or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter or other than an infraction pursuant to
article nine of this chapter or other than an adjudication of  liability

S. 5582                            21

of  an  owner for a violation of toll collection regulations pursuant to
section two thousand nine hundred eighty-five of the public  authorities
law  or  sections  sixteen-a,  sixteen-b  and sixteen-c of chapter seven
hundred  seventy-four of the laws of nineteen hundred fifty, there shall
be levied a crime victim assistance fee in the amount of five dollars, A
SENIOR ANTI-VIOLENCE SERVICES  FEE  OF  FIVE  DOLLARS  and  a  mandatory
surcharge,  in addition to any sentence required or permitted by law, in
the amount of fifty-five dollars.
  2. Where a person is convicted of two or more such crimes  or  traffic
infractions  committed  through  a single act or omission, or through an
act or omission which in itself constituted one of the crimes or traffic
infractions and also was a material element of the other, the  court  or
administrative tribunal shall impose a crime victim assistance fee and a
mandatory surcharge mandated by subdivision one of this section for each
such  conviction;  provided  however,  that  in no event shall the total
amount of such crime victim assistance  fees  and  mandatory  surcharges
imposed  pursuant  to  paragraph  (a)  or (c) of subdivision one of this
section exceed one hundred dollars.
  3. The mandatory surcharge provided for in  subdivision  one  of  this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of the mandatory surcharge the collecting authority
shall  determine  the amount of mandatory surcharge collected and, if it
is an administrative tribunal or a town or  village  justice  court,  it
shall  pay  such  money  to the state comptroller who shall deposit such
money in the state treasury pursuant to section one  hundred  twenty-one
of  the  state  finance  law to the credit of the general fund.  If such
collecting authority is any other court of the unified court system,  it
shall,  within  such period, pay such money to the state commissioner of
taxation and finance to the credit of the criminal  justice  improvement
account established by section ninety-seven-bb of the state finance law,
OR  IN  THE CASE OF THE SENIOR ANTI-VIOLENCE SERVICES FEE, TO THE CREDIT
OF THE SENIOR ANTI-VIOLENCE SERVICES  ACCOUNT  ESTABLISHED  PURSUANT  TO
SECTION  NINETY-SEVEN-JJJJ  OF  THE STATE FINANCE LAW.  The crime victim
assistance fee provided for in subdivision one of this section shall  be
paid  to the clerk of the court or administrative tribunal that rendered
the conviction. Within  the  first  ten  days  of  the  month  following
collection  of  the crime victim assistance fee AND THE SENIOR ANTI-VIO-
LENCE SERVICES FEE, the collecting authority shall determine the  amount
of crime victim assistance fee AND THE SENIOR ANTI-VIOLENCE SERVICES FEE
collected  and, if it is an administrative tribunal or a town or village
justice court, it shall pay such money  to  the  state  comptroller  who
shall  deposit  such money in the state treasury pursuant to section one
hundred twenty-one of the state finance law to the credit of the  crimi-
nal  justice  improvement account established by section ninety-seven-bb
of the state finance law, OR IN THE CASE  OF  THE  SENIOR  ANTI-VIOLENCE
SERVICES FEE, TO THE CREDIT OF THE SENIOR ANTI-VIOLENCE SERVICES ACCOUNT
ESTABLISHED  PURSUANT  TO SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE
LAW.
  4. Any person who has paid  a  mandatory  surcharge  or  crime  victim
assistance fee OR A SENIOR ANTI-VIOLENCE SERVICES FEE under the authori-
ty  of this section which is ultimately determined not to be required by
this section shall be entitled to a refund of such  mandatory  surcharge
or crime victim assistance fee OR SENIOR ANTI-VIOLENCE SERVICES FEE upon
application  to  the  state  comptroller.  The  state  comptroller shall

S. 5582                            22

require such proof as it is necessary in order to  determine  whether  a
refund is required by law.
  5. When a person who is convicted of a crime or traffic infraction and
sentenced  to  a  term  of  imprisonment has failed to pay the mandatory
surcharge or crime victim assistance fee  OR  THE  SENIOR  ANTI-VIOLENCE
SERVICES  FEE  required  by  this section, the clerk of the court or the
administrative tribunal that rendered the conviction  shall  notify  the
superintendent  or  the  municipal  official  of  the facility where the
person is confined. The superintendent or the municipal  official  shall
cause  any amount owing to be collected from such person during his term
of imprisonment from moneys to the credit of an inmates'  fund  or  such
moneys  as  may be earned by a person in a work release program pursuant
to section eight hundred sixty of the correction law. Such moneys  shall
be  paid  over  to  the  state comptroller to the credit of the criminal
justice improvement account established by  section  ninety-seven-bb  of
the  state  finance  law,  OR  IN  THE  CASE OF THE SENIOR ANTI-VIOLENCE
SERVICES FEE, TO THE CREDIT OF THE SENIOR ANTI-VIOLENCE SERVICES ACCOUNT
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-JJJJ OF THE  STATE  FINANCE
LAW, except that any such moneys collected which are surcharges or crime
victim  assistance  fees OR SENIOR ANTI-VIOLENCE SERVICES FEES levied in
relation to convictions obtained in a  town  or  village  justice  court
shall be paid within thirty days after the receipt thereof by the super-
intendent  or  municipal  official of the facility to the justice of the
court in which the conviction was obtained. For the purposes of collect-
ing such mandatory surcharge or crime victim assistance [fee] OR  SENIOR
ANTI-VIOLENCE  SERVICES FEES, the state shall be legally entitled to the
money to the credit of an inmates' fund or money which is earned  by  an
inmate  in a work release program. For purposes of this subdivision, the
term "inmates' fund" shall mean moneys in the possession of an inmate at
the time of his admission into such facility, funds  earned  by  him  as
provided  for  in section one hundred eighty-seven of the correction law
and any other funds received by him or on his behalf and deposited  with
such superintendent or municipal official.
  5-a. The provisions of subdivision four-a of section five hundred ten,
subdivision three of section five hundred fourteen and subdivision three
of  section  two  hundred twenty-seven of this chapter governing actions
which may be taken for failure to pay a fine or penalty shall be  appli-
cable  to a mandatory surcharge or crime victim assistance fee OR SENIOR
ANTI-VIOLENCE SERVICES FEE imposed pursuant to this section.
  6. Notwithstanding any other provision of this section, where a person
has made restitution or reparation pursuant  to  section  60.27  of  the
penal  law,  such  person  shall  not  be  required  to  pay a mandatory
surcharge  or  crime  victim  assistance  fee  OR  SENIOR  ANTI-VIOLENCE
SERVICES FEE.
  7. Notwithstanding any other provision of this section, where a manda-
tory  surcharge  or  crime victim assistance fee OR SENIOR ANTI-VIOLENCE
SERVICES FEE is imposed pursuant to the provisions of section  60.35  of
the  penal law, no mandatory surcharge or crime victim assistance fee OR
SENIOR ANTI-VIOLENCE SERVICES FEE  shall  be  imposed  pursuant  to  the
provisions of this section.
  8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand eleven.
  9.  Notwithstanding the provisions of subdivision one of this section,
in the event a proceeding is in a town or village court, the court shall
add an additional five dollars to the surcharges imposed by such  subdi-
vision one of this section.

S. 5582                            23

  10.  For  the  purposes of this section, the term conviction means and
includes the conviction of a felony or a misdemeanor for which a  youth-
ful offender finding was substituted and upon such a finding there shall
be levied a mandatory surcharge and a crime victim assistance fee to the
same  extent  and in the same manner and amount provided by this section
for conviction of the felony or misdemeanor, as the  case  may  be,  for
which such youthful offender finding was substituted.
  S  6. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by sections 5, 18, 18, 18 and 5 of chapters  19,  20,
21,  22 and 23, respectively, of the laws of 2009, is amended to read as
follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this  state  result  in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an  adju-
dication  of liability of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-b  of  this  chapter,  there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law,  in
the  amount  of twenty-five dollars, AND A SENIOR ANTI-VIOLENCE SERVICES
FEE OF TWENTY-FIVE DOLLARS.
  S 7. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
separately  amended  by chapter 16 of the laws of 1983 and chapter 62 of
the laws of 1989, is amended to read as follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this  state  result  in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than  a  traffic  infraction
involving  standing,  stopping,  parking  or  motor vehicle equipment or
violations by pedestrians or bicyclists, there shall be levied a  manda-
tory  surcharge,  in  addition  to any sentence required or permitted by
law, in the amount of seventeen  dollars,  AND  A  SENIOR  ANTI-VIOLENCE
SERVICES FEE OF TWENTY-FIVE DOLLARS.
  S  8.  Subdivision  3  of  section 4 of the banking law, as amended by
chapter 601 of the laws of 2007, is amended to read as follows:
  3. No financial institution which discloses  information  pursuant  to
subdivision  two  of  this section, or discloses any financial record to
the state office of temporary  and  disability  assistance  or  a  child
support  enforcement  unit of a social services district for the purpose
of enforcing a child support obligation of such person, shall be  liable
under any law to any person for such disclosure, or for any other action
taken  in good faith to comply with subdivision two of this section.  NO
BANKING ORGANIZATION WHICH  REPORTS  INSTANCES  OF  SUSPECTED  ABUSE  OR
MISTREATMENT  OF  SENIORS  TO THE STATE OFFICE FOR THE AGING, DESIGNATED
AGENCIES AND SAVS UNITS, AS SUCH TERMS ARE DEFINED IN  ARTICLE  FOUR  OF
THE  ELDER  LAW,  SHALL  BE  LIABLE UNDER ANY LAW TO ANY PERSON FOR SUCH
DISCLOSURE, OR FOR ANY OTHER ACTION TAKEN IN GOOD FAITH TO  COMPLY  WITH
THE REQUIREMENTS OF SUCH ARTICLE.
  S  9.  The penal law is amended by adding a new article 261 to read as
follows:

S. 5582                            24

                               ARTICLE 261
                OFFENSES AGAINST THE ELDERLY AND DISABLED
SECTION 261.00 ELDERLY,  VULNERABLE  ELDERLY AND DISABLED PERSONS; DEFI-
                 NITIONS.
        261.01 CRIMES AGAINST THE ELDERLY AND DISABLED; PRESUMPTION.
        261.02 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON.
        261.03 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON; DEFENSE.
        261.04 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON.
        261.05 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON;
                 CORROBORATION.
        261.06 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON;
                 DEFENSE.
        261.07 ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY PERSON OR
                 A DISABLED PERSON IN THE SECOND DEGREE.
        261.08 ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY PERSON OR
                 A DISABLED PERSON IN THE FIRST DEGREE.

S 261.00 ELDERLY, VULNERABLE ELDERLY AND DISABLED PERSONS; DEFINITIONS.
  FOR THE PURPOSE OF  THIS  ARTICLE,  THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  1.  "CAREGIVER"  MEANS A PERSON WHO (I) ASSUMES RESPONSIBILITY FOR THE
CARE OF A VULNERABLE ELDERLY PERSON PURSUANT TO A COURT ORDER;  OR  (II)
RECEIVES MONETARY OR OTHER VALUABLE CONSIDERATION FOR PROVIDING CARE FOR
A VULNERABLE ELDERLY PERSON.
  2. "SEXUAL CONTACT" MEANS ANY TOUCHING OF THE SEXUAL OR OTHER INTIMATE
PARTS OF A PERSON NOT MARRIED TO THE ACTOR FOR THE PURPOSE OF GRATIFYING
SEXUAL DESIRE OF EITHER PARTY.  IT INCLUDES THE TOUCHING OF THE ACTOR BY
THE  VICTIM, AS WELL AS THE TOUCHING OF THE VICTIM BY THE ACTOR, WHETHER
DIRECTLY OR THROUGH CLOTHING.
  3. "VULNERABLE ELDERLY PERSON" MEANS A PERSON SIXTY YEARS  OF  AGE  OR
OLDER  WHO  IS  SUFFERING  FROM  A  DISEASE OR INFIRMITY ASSOCIATED WITH
ADVANCED  AGE  AND  MANIFESTED  BY  DEMONSTRABLE  PHYSICAL,  MENTAL   OR
EMOTIONAL  DYSFUNCTION  TO  THE  EXTENT  THAT THE PERSON IS INCAPABLE OF
ADEQUATELY PROVIDING FOR HIS OR HER OWN HEALTH OR PERSONAL CARE.
  4. "ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER.
  5. "DISABLED PERSON" MEANS A PERSON  WHO  HAS  A  PHYSICAL  OR  MENTAL
IMPAIRMENT THAT SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY.
S 261.01 CRIMES AGAINST THE ELDERLY AND DISABLED; PRESUMPTION.
  IN  ANY  CASE  IN  WHICH  IT  SHALL BE SHOWN THAT A PERSON INTENDED TO
COMMIT A SPECIFIED OFFENSE PURSUANT TO SECTION 485.05 OF  THIS  CHAPTER,
IT  SHALL  BE A REBUTTAL PRESUMPTION THAT THE PERSON SELECTED THE VICTIM
OR COMMITTED OR INTENDED TO COMMIT THE  ACT  OR  ACTS  CONSTITUTING  THE
OFFENSE  IN  WHOLE  OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF THAT SUCH
VICTIM IS ELDERLY OR DISABLED.
S 261.02 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON.
  A PERSON IS GUILTY OF ABANDONMENT OF AN  ELDERLY  OR  DISABLED  PERSON
WHEN,  BEING  A  PERSON  LEGALLY  CHARGED WITH THE CARE OR CUSTODY OF AN
ELDERLY OR DISABLED PERSON, HE OR SHE DESERTS SUCH PERSON IN  ANY  PLACE
WITH INTENT TO WHOLLY ABANDON HIM OR HER.
  ABANDONMENT OF AN ELDERLY OR DISABLED PERSON IS A CLASS E FELONY.
S 261.03 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON; DEFENSE.
  IN  ANY  PROSECUTION FOR ABANDONMENT OF AN ELDERLY OR DISABLED PERSON,
PURSUANT TO SECTION 261.02  OF  THIS  ARTICLE,  BASED  UPON  AN  ALLEGED
DESERTION  OF  AN  ELDERLY  OR  DISABLED PERSON WITH AN INTENT TO WHOLLY
ABANDON SUCH AN ELDERLY OR DISABLED PERSON, IT IS AN AFFIRMATIVE DEFENSE
THAT, WITH THE INTENT THAT THE ELDERLY OR DISABLED PERSON BE  SAFE  FROM

S. 5582                            25

PHYSICAL  INJURY  AND  CARED FOR IN AN APPROPRIATE MANNER, THE DEFENDANT
LEFT THE ELDERLY OR DISABLED PERSON WITH AN APPROPRIATE PERSON OR  IN  A
SUITABLE  LOCATION  AND  PROMPTLY  NOTIFIED AN APPROPRIATE PERSON OF THE
ELDERLY OR DISABLED PERSON'S LOCATION.
S 261.04 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON.
  A  PERSON  IS GUILTY OF ENDANGERING THE WELFARE OF AN ELDERLY OR DISA-
BLED PERSON WHEN BEING A PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY
OF AN ELDERLY OR DISABLED PERSON:
  1. HE OR SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO  THE
PHYSICAL,  MENTAL  OR MORAL WELFARE OF AN ELDERLY OR DISABLED PERSON, OR
DIRECTS OR AUTHORIZES SUCH AN ELDERLY OR DISABLED PERSON, TO  ENGAGE  IN
AN  OCCUPATION INVOLVING A SUBSTANTIAL RISK OF DANGER TO HIS OR HER LIFE
OR HEALTH; OR
  2. HE OR SHE FAILS OR REFUSES TO EXERCISE REASONABLE DILIGENCE IN  THE
CONTROL  OF  SUCH  ELDERLY OR DISABLED PERSON TO PREVENT HIM OR HER FROM
PHYSICAL, MENTAL OR MORAL INJURY, OR FROM ENGAGING IN ACTS  INVOLVING  A
SUBSTANTIAL RISK OF DANGER TO HIS OR HER LIFE OR HEALTH.
  ENDANGERING  THE WELFARE OF AN ELDERLY OR DISABLED PERSON IS A CLASS A
MISDEMEANOR.
S 261.05 ENDANGERING THE WELFARE  OF  AN  ELDERLY  OR  DISABLED  PERSON;
CORROBORATION.
  A  PERSON  SHALL  NOT  BE  CONVICTED  OF ENDANGERING THE WELFARE OF AN
ELDERLY OR DISABLED PERSON, OR OF AN ATTEMPT TO COMMIT  THE  SAME,  UPON
THE  TESTIMONY OF A VICTIM WHO IS INCAPABLE OF CONSENT BECAUSE OF MENTAL
DEFECT OR MENTAL INCAPACITY AS TO CONDUCT THAT CONSTITUTES AN OFFENSE OR
AN ATTEMPT TO COMMIT AN OFFENSE REFERRED TO IN SECTION  130.16  OF  THIS
CHAPTER,  WITHOUT  ADDITIONAL  EVIDENCE  SUFFICIENT  PURSUANT TO SECTION
130.16 OF THIS CHAPTER TO SUSTAIN A CONVICTION OF AN OFFENSE REFERRED TO
IN SECTION 130.16 OF THIS CHAPTER, OR OF AN ATTEMPT TO COMMIT THE SAME.
S 261.06 ENDANGERING THE WELFARE  OF  AN  ELDERLY  OR  DISABLED  PERSON;
           DEFENSE.
  IN  ANY PROSECUTION FOR ENDANGERING THE WELFARE OF AN ELDERLY OR DISA-
BLED PERSON, PURSUANT TO SECTION 261.04 OF THIS ARTICLE:
  1. BASED UPON AN ALLEGED FAILURE OR REFUSAL TO PROVIDE PROPER  MEDICAL
CARE OR TREATMENT TO AN ELDERLY OR DISABLED PERSON, WHO IS ILL, IT IS AN
AFFIRMATIVE  DEFENSE  THAT THE ELDERLY OR DISABLED PERSON IS A MEMBER OR
ADHERENT OF AN ORGANIZED CHURCH OR RELIGIOUS GROUP THE TENETS  OF  WHICH
PRESCRIBE  PRAYER  AS  THE PRINCIPAL TREATMENT FOR ILLNESS, AND THAT THE
ELDERLY OR DISABLED PERSON WAS TREATED IN ACCORDANCE WITH  SUCH  TENETS;
OR
  2.  BASED  UPON AN ALLEGED DESERTION OF AN ELDERLY OR DISABLED PERSON,
IT IS AN AFFIRMATIVE DEFENSE THAT, WITH THE INTENT THAT  THE  PERSON  BE
SAFE  FROM  PHYSICAL  INJURY AND CARED FOR IN AN APPROPRIATE MANNER, THE
DEFENDANT LEFT THE PERSON WITH AN APPROPRIATE PERSON OR  IN  A  SUITABLE
LOCATION  AND  PROMPTLY  NOTIFIED  AN APPROPRIATE PERSON OF THE PERSON'S
LOCATION.
S 261.07 ENDANGERING THE WELFARE OF A VULNERABLE  ELDERLY  PERSON  OR  A
           DISABLED PERSON IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY
PERSON OR A DISABLED PERSON IN THE SECOND DEGREE WHEN, BEING A CAREGIVER
FOR A VULNERABLE ELDERLY PERSON OR A DISABLED PERSON:
  1. WITH INTENT TO CAUSE PHYSICAL INJURY TO  SUCH  PERSON,  HE  OR  SHE
CAUSES SUCH INJURY TO SUCH PERSON; OR
  2. HE OR SHE RECKLESSLY CAUSES PHYSICAL INJURY TO SUCH PERSON; OR
  3.  WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH
PERSON BY MEANS OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT; OR

S. 5582                            26

  4. HE OR SHE SUBJECTS  SUCH  PERSON  TO  SEXUAL  CONTACT  WITHOUT  THE
LATTER'S  CONSENT.  LACK  OF CONSENT UNDER THIS SUBDIVISION RESULTS FROM
FORCIBLE COMPULSION OR INCAPACITY TO CONSENT, AS THOSE TERMS ARE DEFINED
IN ARTICLE ONE HUNDRED THIRTY OF THIS  CHAPTER,  OR  ANY  OTHER  CIRCUM-
STANCES  IN  WHICH THE VULNERABLE ELDERLY PERSON OR DISABLED PERSON DOES
NOT EXPRESSLY OR IMPLIEDLY ACQUIESCE IN THE CAREGIVER'S CONDUCT.
  IN ANY PROSECUTION  UNDER  THIS  SUBDIVISION  IN  WHICH  THE  VICTIM'S
ALLEGED  LACK  OF  CONSENT  RESULTS  SOLELY  FROM  INCAPACITY TO CONSENT
BECAUSE OF THE VICTIM'S MENTAL  DISABILITY  OR  MENTAL  INCAPACITY,  THE
PROVISIONS  OF  SECTION 130.16 OF THIS CHAPTER SHALL APPLY. IN ADDITION,
IN ANY PROSECUTION UNDER THIS SUBDIVISION IN WHICH THE VICTIM'S LACK  OF
CONSENT IS BASED SOLELY UPON HIS OR HER INCAPACITY TO CONSENT BECAUSE HE
OR SHE WAS MENTALLY DISABLED, MENTALLY INCAPACITATED OR PHYSICALLY HELP-
LESS, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT, AT THE TIME HE OR
SHE ENGAGED IN THE CONDUCT CONSTITUTING THE OFFENSE, DID NOT KNOW OF THE
FACTS OR CONDITIONS RESPONSIBLE FOR SUCH INCAPACITY TO CONSENT.
  ENDANGERING  THE  WELFARE OF A VULNERABLE ELDERLY PERSON OR A DISABLED
PERSON IN THE SECOND DEGREE IS A CLASS E FELONY.
S 261.08 ENDANGERING THE WELFARE OF A VULNERABLE  ELDERLY  PERSON  OR  A
           DISABLED PERSON IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY
PERSON OR A DISABLED PERSON IN THE FIRST DEGREE WHEN, BEING A  CAREGIVER
FOR A VULNERABLE ELDERLY PERSON OR DISABLED PERSON:
  1.  WITH  INTENT  TO  CAUSE  PHYSICAL INJURY TO SUCH PERSON, HE OR SHE
CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON; OR
  2. HE OR SHE RECKLESSLY CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON.
  ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY PERSON OR  A  DISABLED
PERSON IN THE FIRST DEGREE IS A CLASS D FELONY.
  S  10.  Section  120.05  of  the  penal law is amended by adding a new
subdivision 13 to read as follows:
  13. BEING EIGHTEEN YEARS OLD OR MORE AND WITH INTENT TO CAUSE PHYSICAL
INJURY TO A PERSON SIXTY YEARS OLD OR MORE, OR TO A  PERSON  WHO  HAS  A
PHYSICAL  OR  MENTAL  IMPAIRMENT  THAT SUBSTANTIALLY LIMITS A MAJOR LIFE
ACTIVITY, THE DEFENDANT CAUSES SUCH INJURY TO SUCH PERSON.
  S 11. Section 135.30 of the penal law is amended to read as follows:
S 135.30 Kidnapping; defense.
  In any prosecution for kidnapping, it is an affirmative  defense  that
(a)  the defendant was a relative of the person abducted, and (b) his OR
HER sole purpose was to assume control of such person.
  THIS SECTION SHALL NOT APPLY IN  THE  CASE  WHEN  THE  PERSON  WHO  IS
ABDUCTED  IS  SIXTY YEARS OLD OR MORE, OR TO A PERSON WHO HAS A PHYSICAL
OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS A  MAJOR  LIFE  ACTIVITY,
AND THE KIDNAPPING WAS DONE WITH THE INTENTION OF COMPELLING SUCH PERSON
TO TRANSFER AN ASSET TO THE DEFENDANT OR TO A THIRD PARTY.
  S  12.  Section  135.45  of  the  penal law is amended by adding a new
subdivision 3 to read as follows:
  3. KNOWING THAT HE OR SHE HAS NO LEGAL RIGHT TO DO SO, HE OR SHE TAKES
OR ENTICES ANY PERSON SIXTY YEARS OF AGE OR MORE, OR A PERSON WHO HAS  A
PHYSICAL  OR  MENTAL  IMPAIRMENT  THAT SUBSTANTIALLY LIMITS A MAJOR LIFE
ACTIVITY, FROM THE CUSTODY OF ANOTHER PERSON OR INSTITUTION.
  S 13. Section 140.10 of the penal law  is  amended  by  adding  a  new
subdivision (h) to read as follows:
  (H)  WHICH  IS  A  DWELLING OCCUPIED BY A PERSON SIXTY YEARS OF AGE OR
OLDER, OR A PERSON WHO HAS A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTAN-
TIALLY LIMITS A MAJOR LIFE ACTIVITY.

S. 5582                            27

  S 14. Severability. If any provision of this act  or  the  application
thereof  to  any  person  or  circumstances  is  held to be invalid, the
remainder of the act and the application  of  such  provision  to  other
persons or circumstances shall not be affected thereby.
  S  15. This act shall take effect immediately; provided, however, that
the amendments made to subdivision 1 of section 1809 of the vehicle  and
traffic  law by section five of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 406 of  chap-
ter  166  of  the  laws  of  1991,  as  amended, when upon such date the
provisions of section six of  this  act  shall  take  effect;  provided,
however,  that  the  amendments made to subdivision 1 of section 1809 of
the vehicle and traffic law by section six of this act shall be  subject
to  the expiration and reversion of such subdivision pursuant to section
17 of chapter 746 of the laws of 1988, as amended, when upon  such  date
the  provisions  of  section  seven  of  this act shall take effect; and
provided further, however, that the amendments to the opening  paragraph
and  paragraph  (c)  of subdivision 1 of section 1809 of the vehicle and
taffies law as made by section five of this act shall take effect on the
same date as chapters 19, 20, 21, 22 and 23 of the  laws  of  2009  take
effect;  and  provided  further,  however,  that  the amendments made to
subdivision 2 of section 2809 of the vehicle and traffic law by  section
five of this act shall take effect on the same date as section 1 of part
I  of  chapter  59 of the laws of 2009 takes effect and shall not affect
the expiration of such subdivision and shall be deemed to expire  there-
with.