Senate Bill S5112

2021-2022 Legislative Session

Includes the financial exploitation of the elderly or disabled within the crime of larceny

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S5112 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8105
2011-2012: S4725
2013-2014: S373
2015-2016: S1417
2017-2018: S660
2019-2020: S587
2023-2024: S5708

2021-S5112 (ACTIVE) - Summary

Includes the financial exploitation of the elderly or disabled within the definition of the crime of larceny; defines terms.

2021-S5112 (ACTIVE) - Sponsor Memo

2021-S5112 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5112
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to financial exploitation  of
   the elderly and disabled
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 155.00 of the penal law is amended by  adding  four
 new subdivisions 10, 11, 12 and 13 to read as follows:
   10.  "ELDERLY" MEANS ANY PERSON WHO IS SIXTY YEARS OF AGE OR OLDER AND
 IS SUFFERING FROM A DISEASE OR INFIRMITY ASSOCIATED WITH  ADVANCED  AGE,
 WHICH  IS  MANIFESTED BY PHYSICAL, MENTAL OR EMOTIONAL DYSFUNCTIONING TO
 THE EXTENT THAT SUCH PERSON IS INCAPABLE OF AVOIDING OR  PREVENTING  THE
 COMMISSION OF A LARCENY AGAINST HIMSELF OR HERSELF.
   11.  "DISABLED" MEANS ANY PERSON WHO SUFFERS FROM A PERMANENT PHYSICAL
 OR MENTAL IMPAIRMENT, AS A  RESULT  OF  A  DISEASE,  INJURY,  FUNCTIONAL
 DISORDER  OR  CONGENITAL  CONDITION,  TO  THE EXTENT THAT SUCH PERSON IS
 INCAPABLE OF AVOIDING OR PREVENTING THE COMMISSION OF A LARCENY  AGAINST
 HIMSELF OR HERSELF.
   12. "PERSON IN A POSITION OF TRUST" MEANS A PERSON WHO:
   (A)  IS  THE PARENT, SPOUSE, ADULT CHILD OR OTHER RELATIVE BY BLOOD OR
 AFFINITY OF AN ELDERLY OR DISABLED PERSON; OR
   (B) IS A JOINT TENANT OR TENANT IN COMMON WITH AN ELDERLY OR  DISABLED
 PERSON; OR
   (C) HAS A FIDUCIARY OBLIGATION TO AN ELDERLY OR DISABLED PERSON; OR
   (D)  RECEIVES  MONETARY  OR OTHER VALUABLE CONSIDERATION FOR PROVIDING
 CARE FOR THE ELDERLY OR DISABLED PERSON; OR
   (E) LIVES WITH OR PROVIDES SOME COMPONENT OF HOME CARE SERVICES  ON  A
 CONTINUING  BASIS  TO  THE ELDERLY OR DISABLED PERSON INCLUDING, BUT NOT
 LIMITED TO, A NEIGHBOR OR FRIEND WHO DOES NOT PROVIDE SUCH SERVICES  BUT
 HAS ACCESS TO THE ELDERLY OR DISABLED PERSON BASED ON SUCH RELATIONSHIP.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06903-01-1
              

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