Assembly Bill A2585

2009-2010 Legislative Session

Establishes definitions with respect to larceny from mentally disabled or mentally incapacitated persons

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2009-A2585 (ACTIVE) - Details

See Senate Version of this Bill:
S2150
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§155.00, 155.05 & 155.15, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A642, S162
2013-2014: A3064
2015-2016: A4536, A9971

2009-A2585 (ACTIVE) - Summary

Establishes definitions with respect to larceny from mentally disabled or mentally incapacitated persons; sets forth an affirmative defense if the defendant appropriated the property in the course of rendering assistance which benefitted such person in the management of his or her affairs and the value of such property was commensurate with the benefit conferred.

2009-A2585 (ACTIVE) - Bill Text download pdf

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

                                  2585

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. CLARK, CANESTRARI, CARROZZA -- Multi-Sponsored by
  --  M.  of  A. BUTLER, COLTON, COOK, DESTITO, GALEF, MAGEE, MAYERSOHN,
  NOLAN, SCARBOROUGH, SWEENEY -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to creating definitions  with
  respect  to larceny from a mentally disabled or mentally incapacitated
  person and establishing an affirmative defense thereto

  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 two
new subdivisions 10 and 11 to read as follows:
  10. "MENTALLY DISABLED" MEANS THAT A  PERSON  SUFFERS  FROM  A  MENTAL
DISEASE,  DEFECT  OR  CONDITION  WHICH  RENDERS  HIM OR HER INCAPABLE OF
APPRAISING WHETHER TO GIVE OR WITHHOLD CONSENT TO THE TAKING,  OBTAINING
OR WITHHOLDING OF HIS OR HER PROPERTY.
  11. "MENTALLY INCAPACITATED" MEANS THAT A PERSON IS RENDERED INCAPABLE
OF APPRAISING WHETHER TO GIVE OR WITHHOLD CONSENT TO THE TAKING, OBTAIN-
ING  OR  WITHHOLDING  OF HIS OR HER PROPERTY OWING TO THE INFLUENCE OF A
CONTROLLED OR INTOXICATING SUBSTANCE.
  S 2. Paragraph (a) of subdivision 2 of section 155.05 of the penal law
is amended to read as follows:
  (a) By conduct heretofore defined or known as common  law  larceny  by
trespassory  taking,  common  law  larceny  by  trick,  embezzlement, or
obtaining property by false pretenses, AND SUCH CONDUCT INCLUDES BUT  IS
NOT LIMITED TO, THE WRONGFUL TAKING, OBTAINING OR WITHHOLDING OF PROPER-
TY  BY  A  PERSON  WHO  KNOWS  OR HAS REASON TO KNOW THAT THE OWNER IS A
MENTALLY DISABLED OR MENTALLY INCAPACITATED PERSON;
  S 3. Section 155.15 of the penal law is amended by adding a new subdi-
vision 3 to read as follows:
  3. IN ANY PROSECUTION FOR LARCENY COMMITTED BY TRESPASSORY  TAKING  OR
EMBEZZLEMENT  FROM A MENTALLY DISABLED OR MENTALLY INCAPACITATED PERSON,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04627-01-9
              

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