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Assembly Bill A11218

2009-2010 Legislative Session

Establishes the "prevention of financial exploitation of the elderly act"; repealer

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Archive: Last Bill Status - In Assembly Committee

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2009-A11218 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.05, Pen L; amd §473-b, rpld & add Art 5 Title 13 §370-aa, Soc Serv L; amd §202, add §219-a, Eld L; add §99-r, St Fin L

2009-A11218 (ACTIVE) - Summary

Establishes the "prevention of financial exploitation of the elderly act".

2009-A11218 (ACTIVE) - Bill Text download pdf

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

                                  11218

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, the social services law,  the  elder  law
  and the state finance law, in relation to establishing the "prevention
  of  financial exploitation of the elderly act"; and to repeal title 13
  of article 5 of this social services law  relating  to  state  heating
  fuel crisis assistance

  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 maybe cited as the  "prevention
of financial exploitation of the elderly act".
  S  2.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17203-01-0
              

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