senate Bill S6728
(D) 0 Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Establishes felony offenses relating to endangering the welfare of an incompetent or physically disabled person; defines "incompetent or physically disabled person" to mean an individual who is unable to care for himself or herself because of a physical disability, mental disease or defect.
TITLE OF BILL :
An act to amend the penal law, in relation to endangering the welfare
of an incompetent or physically disabled person
The purpose of this legislation is to criminalize endangering the
welfare of an incompetent or physically disabled person.
SUMMARY OF PROVISIONS :
Section 1 would renumber section 260.30 of the penal law as section
Section 2 would amend subdivision 1 of the newly renumbered section
260.31 of the penal law. The section defines caregiver, sexual
contact, vulnerable elderly person and incompetent or physically
Section 3 would amend sections 260.32 and 260.34 of the penal law to
include incompetent or physically disabled persons within that class
of persons whose caregivers would be guilty of a class D or E felony
if they endanger the welfare of such persons.
EXISTING LAW :
Currently, the protections provided in the applicable penal law
sections only apply to vulnerable elderly persons. This bill would
extend those protections to incompetent or physically disabled
Under the existing law, a caregiver of a vulnerable elderly person who
endangers that person's welfare is guilty of a class E or class D
felony, depending upon the nature and seriousness of the offense, but
no such protections extend to persons who are not vulnerable elderly
persons, but who are, nonetheless, incapable of taking care of
themselves and entrusted to the care of others as a result of being
incompetent or physically disabled. They are as vulnerable as elderly
persons in, such care, and must be afforded similar protections.
The Governor vetoed a version of this legislation in 2009 (A. 6349).
To address the core objection of that veto, the bill now clearly
defines "incompetent or physically disabled person" using the concepts
and language already encompassed in Penal Law § 260.25. The
prosecution has had no apparent difficulty in establishing guilt
utilizing this definition. See People v. Rolston, 190 A.D.2d 1000, 593
N.Y.S.2d 383 (4t Dept. 1993), leave to appeal denied 81 N.Y.2d 1019
(1993). Case law has interpreted the term "mental disease or defect"
in PL 260.25 to encompass persons with developmental disabilities. See
People v. Jordal, 294 A.D.2d 953, 742 N.Y.S.2d 760 (4th Dept. 2002),
See People v. Novak, 212 A.D.2d 740, 740-741, 622 N.Y.S.2d 783 (2d
Dept. 1995) See also People v. Patterson, 165 A.D.2d 886, 886-887,
560 N.Y.S.2d 357(2d Dept 1990).
LEGISLATIVE HISTORY :
2007-2008: A.9309-A Passed Assembly
2009 A.6349 Passed Assembly and Senate; Vetoed at Memo No. 69
FISCAL IMPLICATIONS :
EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.
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