senate Bill S720A

Enacts the Senior Anti-Violence and Enforcement Act

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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 AGING
  • 21 / May / 2013
    • REPORTED AND COMMITTED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO AGING
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO AGING
  • 17 / Jan / 2014
    • PRINT NUMBER 720A

Summary

Enacts the Senior Anti-Violence and Enforcement Act (SAVE); establishes a central registry for access to reports of maltreatment of seniors; creates a council on elder abuse; establishes penal provisions regarding offenses against the elderly and disabled.

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Bill Details

See Assembly Version of this Bill:
A133A
Versions:
S720
S720A
Legislative Cycle:
2013-2014
Current Committee:
Senate Aging
Law Section:
Elder Law
Laws Affected:
Add Art 4 Title 1 §§400 - 412, Title 2 §§420 - 427, Eld L; amd §§60.35, 120.05, 135.30, 135.45 & 140.10, add Art 261 §§261.00 - 261.08, Pen L; add §97-llll, St Fin L; amd §1809, V & T L; amd §4, Bank L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S309A, A1010A
2009-2010: S5582, A9078

Sponsor Memo

BILL NUMBER:S720A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF THE BILL:

Enacts the Senior Anti-Violence and Enforcement Act (SAVE), which will
provide new protections for seniors, including mandatory reporting of
crimes or abuse and the creation of a statewide abuse registry,
establishment of new investigatory procedures, provision for research
on senior violence, and establishment of new criminal penalties for
crimes against seniors.

SUMMARY OF PROVISIONS:

Section 1. Short Title: Creates the Senior Anti-Violence and
Enforcement Act (SAVE).

Section 2. Amends the Elder law by adding a new article 4. Requires
mandatory reporting of abuse and mistreatment of seniors. Establishes
a broad definition of abuse and mistreatment that includes not only
physical abuse, but also financial, sexual, emotional or psychological
abuse, neglect, abandonment, financial or material exploitation, and
self-neglect. Creates a new statewide central registry for senior
abuse and neglect in the State Office for the Aging (SOFA).

Provides for the following mandatory reporters, including health care
workers, social workers, mental health professionals, persons employed
by or associated with a licensed or registered facility which provides
care to seniors, peace and police officers, district attorneys and
other law enforcement officials, as well as bankers, financial
consultants and others. The bill also allows any person to report.

Establishes the State Office for the Aging as the lead agency for
senior abuse and neglect, and the designated agencies are established
as lead agencies at the local level. Requires each designated agency
to establish a Senior Anti-Violence Services (SAVS) unit. Requires
that procedures for investigation be established by SOFA, and carried
out by the SAVS units, using community teams of local services.

Section 3. Amends the Penal Law, section 60.35, the section heading
and subdivision 1. Establishes a mandatory senior anti-violence
services fee. Increases fees for various crimes.

Section 4. Amends the State Finance Law. Adds a new section 97-1111.
Establishes the Senior Anti-Violence Services Account in the joint
custody of the State Comptroller and the Commissioner of Taxation and
Finance. Provides that monies in such account shall be collected from
mandatory fees established by this chapter and shall be made available
by appropriation from the legislature, allocated by the Director of
the Budget and made available for local assistance services through
the State Office for the Aging.


Section 5. Amends the Vehicle and Traffic Law, Section 1809.
Establishes a mandatory surcharge and crime victim assistance fee for
certain driving infractions.

Sections 6, 6a and 7. Amends the Vehicle and Traffic Law, Section
1809, subdivision 1. Establishes a Senior Anti-Violence Services Fee
of $25.00 upon the conviction of a crime under this chapter.

Section 8. Amends the Banking Law Section 4, subdivision 3. Provides
that no financial institution shall be held liable for reporting
instances of suspected abuse or mistreatment of seniors when such
reporting is done in good faith.

Section 9. Amends the Penal Law by adding a new article 261, Offenses
Against the Elderly and Disabled. Makes numerous changes to the penal
law and adds new sections dealing with abandonment of an elderly or
disabled person, endangering the welfare of an elderly or disabled
person and endangering the welfare of an elderly person.

Section 10. Amends the Penal Law, section 120.05 by adding a new
subdivision 13. Creates the new crime of assault in the second degree
when a person being eighteen years old or more intends to cause
physical injury to a person sixty years old or more.

Section 11. Amends the Penal Law, Section 135.30. Kidnapping defense
does not apply when the abducted person is sixty years old or more or
is 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.

Section 12. Amends the Penal Law, Section 135.45 by adding a new
subdivision 3. Custodial interference in the second degree when a
person who knows that he or she has no right to do so, 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.

Section 13. Amends the Penal Law, Section 140.10 and adds a new
subdivision (h), Criminal Trespass in the third degree. Provides that
a person shall be guilty of criminal trespass in the third degree when
the person enters a dwelling which is occupied by a person sixty years
of age or more or by a person who has a physical or mental impairment
that substantially limits a major life activity.

Section 14. Severability clause.

Section 15. Effective Date.

EXISTING LAW:

None

JUSTIFICATION:


According to the New York State Elder Abuse Prevalence Study which was
released during the Elder Abuse Summit held from November 16-18, 2010
in Albany, New York:

*There is a dramatic gap between the rate of elder abuse events
reported by older New Yorkers and the number of cases referied to and
served in the formal elder abuse service system;

*The elder abuse prevalence rate in New York State was nearly 24 times
greater than the number of cases referred to social services, law
enforcement or legal authorities who have the capacity as well as the
responsibility to assist older adult victims.

*Emotional abuse was the most common form of mistreatment reported by
agencies providing data on elder abuse victims. This finding stands in
contrast to the results of the Self-Reported Study in which financial
exploitation was the most prevalent form of mistreatment.

*Applying the prevalence rate to the general population of older New
Yorkers, an estimated 268,280 older adults in the state have been
victims of at least one form of elder abuse since turning 60.

The major findings of the Self-Reported Study include: a total
prevalence rate of 76 per 1,000 older residents of New York State for
any form of elder abuse was found; the cumulative prevalence of any
form of non-financial elder mistreatment was 46.2 per thousand
subjects studied; and, the highest rate of mistreatment occurred for
major financial exploitation (theft of money or property, using items
without permission, impersonation to get access, forcing or misleading
to get items such as money, bank cards, accounts, power of attorney)
with a rate of 41 per 1,000 surveyed.

New York is one of only eight States in the country that does not
require some form of mandatory reporting for elder abuse. Elder abuse
takes many forms, and the courts and criminal justice system see it in
many contexts: criminal assault, battery, rape or theft; civil fraud
or conversion matters; personal injury actions; guardianship or
conservatorship; mental health commitment; special protective
proceedings; cases involving health care decisions for an
incapacitated patient; and criminal or civil cases regarding
institutional care. This bill addresses all of these situations.

LEGISLATIVE HISTORY:

2013: S.720- Reported, Committed to Codes/A.133A - Referred to Aging
2012: S.309-A - Amend and Recommit to Transportation/A.1010-A-Amend
and Recommit to Aging
2011: S.309 - Notice of Committee Consideration Requested, Committee
Discharged and Committed to Transportation/A.1010 Referred to Aging
2009-2010 S.5582 - Reported and Committed to Codes/A.9078 - Referred
to Aging

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:


Immediately, with provisions.

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

                                 720--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. DIAZ, PARKER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Aging --  recommitted
  to  the Committee on Aging in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00878-02-4

S. 720--A                           2

        410. IMMUNITY FROM LIABILITY.
        411. PENALTIES FOR FAILURE TO REPORT.
        412. ANNUAL REPORTS.
  S 400. DEFINITIONS. AS USED IN THIS ARTICLE:
  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

S. 720--A                           3

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.
  (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

S. 720--A                           4

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
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.

S. 720--A                           5

  (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,
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 FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, SHALL BE TRAN-
SMITTED IMMEDIATELY BY THE REGISTRY TO THE COMMISSION ON QUALITY OF CARE
FOR  THE MENTALLY DISABLED, WHICH SHALL COMMENCE AN APPROPRIATE INVESTI-
GATION 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.

S. 720--A                           6

  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
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;

S. 720--A                           7

  (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
  (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

S. 720--A                           8

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
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-

S. 720--A                           9

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
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

S. 720--A                          10

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,
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;

S. 720--A                          11

  (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;
  (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

S. 720--A                          12

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  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

S. 720--A                          13

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-
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

S. 720--A                          14

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,
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

S. 720--A                          15

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.
  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.

S. 720--A                          16

  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.
  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,

S. 720--A                          17

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
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.

S. 720--A                          18

  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  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-LLLL  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:

S. 720--A                          19

  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
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-llll
to read as follows:
  S  97-LLLL.  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,

S. 720--A                          20

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
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 amended by chapter 189 of the laws of
2013, subdivision 2 as amended by section 6 of part C of chapter  55  of
the laws of 2013, 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 13 of part E of chapter  55  of  the
laws  of  2013,  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,  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,  or  other  than  an  adjudication  in
accordance  with  section  eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, or other
than an adjudication of liability of an owner for a violation of  subdi-
vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
this chapter in accordance with section eleven hundred eighty-b 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:

S. 720--A                          21

  (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  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, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations  pursuant
to  section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an adjudication in accordance with section eleven  hundred  eleven-c  of
this  chapter  for  a  violation of a bus lane restriction as defined in
such section, or other than an adjudication of liability of an owner for
a violation of subdivision (b), (c), (d), (f) or (g) of  section  eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b  of  this chapter, there shall be levied a crime victim assist-
ance 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 ninety-six 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

S. 720--A                          22

OF  THE  SENIOR  ANTI-VIOLENCE  SERVICES ACCOUNT ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-LLLL 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-LLLL 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
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-LLLL 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.

S. 720--A                          23

  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 fifteen.
  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.
  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
amended by section 11-a of chapter 189 of the laws of 2013,  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,  or  other  than  an  adjudication  in
accordance  with  section  eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, or other
than an adjudication of liability of an owner for a violation of  subdi-
vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
this chapter in accordance with section eleven hundred eighty-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 6-a. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
as  amended  by  section  11-b  of  chapter  189 of the laws of 2013, is
amended to read as follows:

S. 720--A                          24

  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, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, or other
than an adjudication of liability of an owner for a violation of  subdi-
vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
this chapter in accordance with section eleven hundred eighty-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 seventeen
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
amended  by  section 11-c of chapter 189 of the laws of 2013, 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, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (b), (c), (d),
(f) or (g) of section eleven hundred eighty of this chapter  in  accord-
ance  with  section eleven hundred eighty-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  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:

                               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.

S. 720--A                          25

        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
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

S. 720--A                          26

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
  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,

S. 720--A                          27

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. Subdivision (g) of section 140.10 of the penal law,  as  amended
by chapter 176 of the laws of 2011, is amended and a new subdivision (h)
is added to read as follows:
  (g)  where  the property consists of a right-of-way or yard of a rail-
road or rapid transit railroad which has been designated  and  conspicu-
ously posted as a no-trespass railroad zone[.]; OR
  (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 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-

S. 720--A                          28

tion  and  reversion  of  such  subdivision  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 when upon such  date
the  provisions  of  section  six-a  of  this act shall take effect; and
provided further, however, that  the  amendments  to  subdivision  1  of
section  1809  of  the  vehicle and traffic law made by section six-a of
this act shall be subject to the expiration and reversion of such subdi-
vision, when upon such date the provisions of section seven of this  act
shall  take  effect; provided further, however, that the amendments made
to subdivision 2 of section 1809 of  the  vehicle  and  traffic  law  by
section  five of this act shall not affect the expiration of such subdi-
vision and shall be deemed to expire therewith.

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