senate Bill S102

Establishes the crime of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

Establishes the crimes of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person in the first, second, and third degree.

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Bill Details

See Assembly Version of this Bill:
A4316
Versions:
S102
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.31, 155.05 & 155.15, Pen L; amd §473, Soc Serv L
Versions Introduced in 2011-2012 Legislative Cycle:
S6712, A10456

Sponsor Memo

BILL NUMBER:S102

TITLE OF BILL:
An act
to amend the penal law and the social services law,
in relation to preventing financial
exploitation of the elderly

PURPOSE:
Establishes exploitation of the vulnerable elderly or incompetent or
physically disabled as a form of larceny.

SUMMARY OF PROVISIONS:
Section 1 amends section 260.31 of the penal law by changing the
definition of "Caregiver".

Section 2 amends section 155.05 of the penal law by changing the
definition of larceny to include financial exploitation of the
vulnerable elderly or incompetent or physically disabled person.

Section 3 amends section 155.15 of the penal law by creating a defense
for financial exploitation of the vulnerable elderly or incompetent
or physically disabled.

Section 4 amends section 473 of the social services law to require
local officials to report to the appropriate district attorney's
office when there is reasonable belief that a crime is being
perpetrated against a person for whom protective services are being
provided.

Section 5 is the effective date.

JUSTIFICATION:
Financial exploitation of the vulnerable elderly is a pervasive and
often unseen form of abuse.
According to former Maine Attorney General Steven Rowe, financial
exploitation is a factor in 40% of all elder abuse cases. This is a
trend that is only bound to increase, given that 70% of the nation's
household net worth is owned by seniors, and our society is rapidly
aging.

The National Center on Elder Abuse defines elder financial
exploitation as "the illegal or improper use of an elder's funds,
property or assets." Such instances of exploitation take form in the
way of credit card fraud, real estate scams, identify theft and
burglary. They are also
notoriously difficult to combat. Even when reported to local
authorities, antiquated criminal statutes make it difficult to
prosecute these offenses.

Considering the widespread and shocking prevalence of financial
exploitation against seniors, it remains a mystery why New York has
no law to enable law enforcement to stop this abuse.

In passing this bill, New York would be joining at least 29 other
states responding to the need for increased protection for elders


against financial abuse. This bill would give district attorneys and
police the tools they need to prosecute instances of financial
exploitation.

Among its other provisions, this bill also requires adult protective
services officials to report all instances of suspected exploitation
to their district attorney's office. Timely identification of
exploitation and capable enforcement of the law will go far in
preventing financial abuses against the vulnerable elderly. In
addition, this proposal would transform convenience accounts into a
viable financial planning tool for the vulnerable elderly. Currently,
these accounts have no safeguards protecting them from unintended and
unwarranted use by persons in a position of trust.

LEGISLATIVE HISTORY:
2011-12: S.6712/A.10456

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                   102

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the social services law,  in  relation
  to preventing financial exploitation of the elderly

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

  Section 1.  The opening paragraph and subdivision 1 of section  260.31
of  the  penal law, the opening paragraph as added by chapter 381 of the
laws of 1998, subdivision 1 as amended and such section as renumbered by
chapter 14 of the laws of 2010, are amended to read as follows:
  For the purpose of sections 155.05, 260.32 and 260.34 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, or an incompetent or physically
disabled person pursuant to a court order; or (ii)  VOLUNTARILY  ASSUMES
RESPONSIBILITY  FOR THE CARE OF A VULNERABLE ELDERLY PERSON OR AN INCOM-
PETENT OR PHYSICALLY DISABLED PERSON;  OR  (III)  receives  monetary  or
other valuable consideration for providing care for a vulnerable elderly
person, or an incompetent or physically disabled person.
  S  2.  Subdivision  2 of section 155.05 of the penal law is amended by
adding a new paragraph (f) to read as follows:
  (F) BY FINANCIAL EXPLOITATION OF THE VULNERABLE ELDERLY OR INCOMPETENT
OR PHYSICALLY DISABLED PERSON.
  (I) A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF  A  VULNER-
ABLE  ELDERLY,  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON WHEN, WHILE
IN A BUSINESS RELATIONSHIP OR CAREGIVER STATUS WITH A VULNERABLE ELDERLY
PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, HE OR SHE KNOWINGLY
OBTAINS OR USES OR ATTEMPTS  TO  OBTAIN  OR  USE  A  VULNERABLE  ELDERLY
PERSON'S  OR  INCOMPETENT  OR PHYSICALLY DISABLED PERSON'S PROPERTY WITH
THE INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE VULNERABLE  ELDERLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01944-01-3

S. 102                              2

PERSON  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON OF THE USE, BENEFIT
OR POSSESSION OF THE PROPERTY, OR TO BENEFIT HIMSELF  OR  HERSELF  OR  A
THIRD PERSON.
  (II)  A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF A VULNER-
ABLE ELDERLY, OR INCOMPETENT OR PHYSICALLY DISABLED PERSON  WHEN,  WHILE
IN A BUSINESS RELATIONSHIP OR CAREGIVER STATUS WITH A VULNERABLE ELDERLY
PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, HE OR SHE KNOWINGLY
OBTAINS  OR  USES OR ATTEMPTS TO OBTAIN OR USE CASH, SECURITIES OR OTHER
PROPERTY FROM A DEPOSIT ACCOUNT AS  DESCRIBED  IN  SECTION  SIX  HUNDRED
SEVENTY-EIGHT  OF  THE BANKING LAW FOR ANY OTHER PURPOSE BESIDES FOR THE
BENEFIT OF THE ORIGINAL DEPOSITOR WHERE THE VULNERABLE ELDERLY PERSON OR
INCOMPETENT OR PHYSICALLY DISABLED PERSON IS THE ORIGINAL  DEPOSITOR  OF
THE  ACCOUNT.  FOR  PURPOSES  OF  THIS PART, ANY BANKING ORGANIZATION OR
FOREIGN BANKING CORPORATION OR AGENT  OF  THE  ORGANIZATION  OR  FOREIGN
BANKING  CORPORATION THAT RELEASES CASH, SECURITIES OR OTHER PROPERTY TO
AN ADDITIONAL ACCOUNT HOLDER SHALL NOT BE CULPABLE OF ANY OFFENSE BY THE
SOLE ACT OF RELEASING CASH, SECURITIES OR OTHER  PROPERTY  TO  AN  ADDI-
TIONAL ACCOUNT HOLDER.
  S 3. Section 155.15 of the penal law is amended by adding a new subdi-
vision 3 to read as follows:
  3.  IN  ANY  PROSECUTION  FOR  LARCENY  BY FINANCIAL EXPLOITATION OF A
VULNERABLE ELDERLY, OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, IT  IS
AN  AFFIRMATIVE DEFENSE THAT THE DEFENDANT ACQUIRED EXPRESS CONSENT FROM
THE VULNERABLE OR INCOMPETENT OR PHYSICALLY DISABLED PERSON TO OBTAIN OR
USE THE VULNERABLE ELDERLY PERSON'S OR INCOMPETENT OR  PHYSICALLY  DISA-
BLED  PERSON'S  PROPERTY  FOR HIS OR HER OWN BENEFIT OR THE BENEFIT OF A
THIRD PERSON. CONSENT MUST HAVE BEEN GIVEN  BY  THE  VULNERABLE  ELDERLY
PERSON  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON PRIOR TO LOSING THE
ABILITY TO ADEQUATELY CARE FOR HIM OR HERSELF OR BY A PERSON WHO HOLDS A
POWER OF ATTORNEY OR SIMILAR AUTHORITY OVER THE  VULNERABLE  ELDERLY  OR
INCOMPETENT  OR  PHYSICALLY  DISABLED  PERSON  AT  ANY TIME PRIOR TO THE
DEFENDANT OBTAINING OR USING OR ATTEMPTING TO OBTAIN OR USE THE  VULNER-
ABLE  ELDERLY  PERSON'S  OR  INCOMPETENT OR PHYSICALLY DISABLED PERSON'S
PROPERTY.
  S 4. Subdivision 5 of section 473 of the social services law, as added
by chapter 395 of the laws of 1995, is amended to read as follows:
  5. Whenever a social services official, or his or her designee author-
ized or required to determine the need for, or to provide or arrange for
the provision of protective services to adults in  accordance  with  the
provisions of this title has a reason to believe that a criminal offense
has  been  committed,  as defined in the penal law, against a person for
whom the need for such services is being  determined  or  to  whom  such
services are being provided or arranged, the social services official or
his  or  her  designee  must  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 social
services official or his or her designee].
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have  become a law.

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