NY State Senate Bill 2009-S335

Archive: Last Bill Status - In Senate Committee Codes Committee

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jan 07, 2009	referred to codes

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2009-S335 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add Art 261 §§261.00 - 261.15, Pen L; amd §20, add Art 6-B §§459-l - 459-p, Soc Serv L

2009-S335 (ACTIVE) - Summary

Makes abandonment, non-support and endangering the welfare of a dependent adult, criminal acts; establishes reporting requirements for suspected crimes against dependent adults; provides penalties for failure to report.

2009-S335 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER : S335

 TITLE OF BILL :
An act to amend the penal law and the social services law, in relation
to dependent adults


 PURPOSE :
To ensure the safety of dependent adults by increasing penalties for
crimes committed against them, outlining reporting procedures and
creation of a statewide hotline.

 SUMMARY OF PROVISIONS :
Title O of the Penal Law is amended by adding a new Article 261;
Amends sections 20 and 459 of the Social Services Law.

-Defines all types of crimes of abuse committed against dependent
adults and sets fixed penalties.

-Establishes a statewide hotline for reporting dependent adult abuse
and a support-line for caregivers.

-Institutes set reporting procedure including, who must report, what
must be contained within the report, and which agency will take action
on the report.

 JUSTIFICATION :
Jane Rood, a 91 year-old widow sold her house in exchange for daily
care.  Linda Douglas, the homecare worker, was hired by The Bullock
Nursing Service of Concord, without experience. Douglas proceeded to
starve her, refuse to give her water and deny her any visitors.

In Fort Lauderdale, Florida, a live-in housekeeper "controlled" an 85
year old man and his blind, bedridden wife, 83, and took $500,000 of
their cash and property before others became suspicious.

According to the American Medical Association, 1 in 25 elderly adults
above the age of 65, is abused each year.  It is impossible to cite
approximate statistics for the incidence of abuse to dependent adults
between the ages of 18-65 because of the lack of a central registry
for the reporting of such abuse.  It would seem logical that those
adults who are in some way helpless, deserve additional protection,
and yet, there are no existing laws that sufficiently punish the
people who abuse dependent adults.  This omnibus act will not only
define the different types of abuse, it makes them unlawful.  A
central reporting site is needed as well as an absolute established
reporting procedure.  Guidelines are necessary to maintain the
uniformity of reports.  This proposal would make reporting of these
crimes mandatory for those who take a regular part in a dependent
adult's life, as well as, make the process less complicated for those
who do report such abuse.

In order to lend support to those caregivers who are frustrated and
are in need of outlets, this legislation establishes a support-line
that would be available statewide for those who want or need to
discuss their stress, strain or anxiety that can accompany the caring
of a person who is dependent upon them.

 LEGISLATIVE HISTORY :
2007/2008 - S.731 Remained in the Senate Committee on Codes
2005/2006 - S.223 Remained in the Senate Committee on Codes
2003/2004 - S.568 Remained in the Senate Committee on Codes

 FISCAL IMPLICATIONS :
To be determined.

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

2009-S335 (ACTIVE) - Bill Text download pdf

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

                                   335

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  BRESLIN,  DILAN,  DUANE, HASSELL-THOMPSON, KLEIN,
  KRUEGER, KRUGER, MONTGOMERY, ONORATO, SCHNEIDERMAN -- read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Codes

AN ACT to amend the penal law and the social services law,  in  relation
  to dependent adults

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

  Section 1. The penal law is amended by adding a  new  article  261  to
read as follows:
                                ARTICLE 261
                            DEPENDENT ADULTS
SECTION 261.00  DEFINITIONS.
        261.05  ABANDONMENT OF A DEPENDENT ADULT.
        261.10  NON-SUPPORT OF A DEPENDENT ADULT.
        261.15  ENDANGERING THE WELFARE OF A DEPENDENT ADULT.
S 261.00 DEFINITIONS.
  AS  USED  IN  THIS  ARTICLE,  THE FOLLOWING DEFINITIONS SHALL MEAN AND
APPLY:
  1. "DEPENDENT ADULT" MEANS ANY PERSON EIGHTEEN YEARS OR OLDER  WHO  IS
UNABLE TO CARE FOR THEMSELVES BECAUSE OF MENTAL DISEASE OR DEFECT OR ONE
WHO OTHERWISE CANNOT MANAGE HIS OR HER OWN AFFAIRS.
  2. "CAREGIVER" MEANS THE PERSON WHO HAS ASSUMED RESPONSIBILITY FOR THE
CARE  OF  A DEPENDENT ADULT AS EVIDENCED BY CONDUCT SHOWING CONTROL OVER
SUCH DEPENDENT'S FINANCES, PROPERTY AND/OR CONDUCT.
  3. "NEGLECT" MEANS THE REFUSAL OR  FAILURE  TO  FULFILL  A  CARETAKING
OBLIGATION  INCLUDING BUT NOT LIMITED TO ABANDONMENT, FAILURE TO PROVIDE
FOOD AND DENIAL OF MEDICAL SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03582-01-9

S. 335                              2

  4. "PHYSICAL ABUSE" MEANS THE INFLICTION OF PHYSICAL PAIN,  INJURY  OR
COERCION  INCLUDING  BUT  NOT  LIMITED TO BEING BEATEN, SLAPPED, SHOVED,
SEXUALLY MOLESTED, PHYSICALLY RESTRAINED OR BURNED.
  5. "FINANCIAL ABUSE" MEANS THE ILLEGAL OR IMPROPER EXPLOITATION AND/OR
USE  OF FUNDS OR OTHER RESOURCES INCLUDING BUT NOT LIMITED TO EXTORTION,
MISUSE OF DEPENDENT ADULT'S HOME, UNAUTHORIZED USE OF FUNDS OR VALUABLES
AND TRANSFER OF REAL PROPERTY OR OTHER ASSETS.
  6. "PSYCHOLOGICAL ABUSE" IS THE INFLICTION OF MENTAL ANGUISH INCLUDING
BUT NOT LIMITED TO THREATENING, NAME CALLING, FRIGHTENING, INTIMIDATING,
HUMILIATING, ISOLATING AND INFANTILIZING.
S 261.05 ABANDONMENT OF A DEPENDENT ADULT.
  A PERSON IS GUILTY OF ABANDONMENT OF A DEPENDENT ADULT IF, THE  PERSON
DESERTS  SUCH DEPENDENT ADULT IN ANY PLACE WITH INTENT TO WHOLLY ABANDON
THE DEPENDENT ADULT.
  ABANDONMENT OF A DEPENDENT ADULT IS A CLASS E FELONY.
S 261.10 NON-SUPPORT OF A DEPENDENT ADULT.
  A PERSON IS GUILTY OF NON-SUPPORT OF A DEPENDENT ADULT WHEN,  BEING  A
CAREGIVER  OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A
DEPENDENT ADULT, HE OR SHE FAILS OR REFUSES  WITHOUT  LAWFUL  EXCUSE  TO
PROVIDE  SUPPORT  FOR  SUCH DEPENDENT ADULT WHEN HE OR SHE IS ABLE TO DO
SO, OR BECOMES UNABLE TO DO SO WHEN, THOUGH EMPLOYABLE, HE OR SHE VOLUN-
TARILY TERMINATES HIS OR HER EMPLOYMENT, VOLUNTARILY REDUCES HIS OR  HER
EARNING CAPACITY OR FAILS TO DILIGENTLY SEEK EMPLOYMENT.
  NON-SUPPORT OF A DEPENDENT ADULT IS A CLASS A MISDEMEANOR.
S 261.15 ENDANGERING THE WELFARE OF A DEPENDENT ADULT.
  A  PERSON  IS  GUILTY  OF ENDANGERING THE WELFARE OF A DEPENDENT ADULT
WHEN HE OR SHE KNOWINGLY PHYSICALLY OR PSYCHOLOGICALLY   OR  FINANCIALLY
ABUSES, OR NEGLECTS, OR ACTS IN ANY MANNER LIKELY TO BE INJURIOUS TO THE
PHYSICAL, MENTAL, FINANCIAL OR MORAL WELFARE OF A DEPENDENT ADULT.
  ENDANGERING THE WELFARE OF A DEPENDENT ADULT IS A CLASS A MISDEMEANOR.
  S 2. Subdivision 2 of section 20 of the social services law is amended
by adding two new paragraphs (b-1) and (b-2) to read as follows:
  (B-1)  ESTABLISH,  OPERATE  AND  MAINTAIN A SINGLE STATEWIDE TOLL-FREE
TELEPHONE NUMBER FOR THE PURPOSE OF RECEIVING TELEPHONE  CALLS  ALLEGING
CRIMES COMMITTED AGAINST A DEPENDENT ADULT;
  (B-2)  ESTABLISH,  OPERATE  AND  MAINTAIN A SINGLE STATEWIDE TOLL-FREE
HELPLINE/HOTLINE TELEPHONE NUMBER FOR THE PURPOSE OF RECEIVING TELEPHONE
CALLS FROM FRUSTRATED CAREGIVERS;
  S 3. The social services law is amended by adding a new article 6-B to
read as follows:
                                ARTICLE 6-B
                            DEPENDENT ADULTS
SECTION 459-L.  DEFINITIONS.
        459-M.  REPORTING PROCEDURE.
        459-N.  REPORTING SUSPECTED CRIMES AGAINST DEPENDENT ADULT.
        459-O.  PENALTIES FOR FAILURE TO REPORT.
        459-P.  ACTION ON REPORTS.
  S 459-L. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "DEPENDENT  ADULT" MEANS ANY PERSON EIGHTEEN YEARS OR OLDER WHO IS
UNABLE TO CARE FOR THEMSELVES BECAUSE OF MENTAL DISEASE OR DEFECT OR ONE
WHO OTHERWISE CANNOT MANAGE HIS OR HER OWN AFFAIRS.
  2. "CAREGIVER" MEANS THE PERSON WHO HAS ASSUMED RESPONSIBILITY FOR THE
CARE OF A DEPENDENT ADULT.

S. 335                              3

  3. "NEGLECT" MEANS THE REFUSAL OR  FAILURE  TO  FULFILL  A  CARETAKING
OBLIGATION  INCLUDING BUT NOT LIMITED TO ABANDONMENT, FAILURE TO PROVIDE
FOOD AND DENIAL OF MEDICAL SERVICES.
  4.  "PHYSICAL  ABUSE" MEANS THE INFLICTION OF PHYSICAL PAIN, INJURY OR
COERCION INCLUDING BUT NOT LIMITED TO  BEING  BEATEN,  SLAPPED,  SHOVED,
SEXUALLY MOLESTED, PHYSICALLY RESTRAINED OR BURNED.
  5. "FINANCIAL ABUSE" MEANS THE ILLEGAL OR IMPROPER EXPLOITATION AND/OR
USE  OF FUNDS OR OTHER RESOURCES INCLUDING BUT NOT LIMITED TO EXTORTION,
MISUSE OF DEPENDENT ADULT'S HOME, UNAUTHORIZED USE OF FUNDS OR VALUABLES
AND TRANSFER OF REAL PROPERTY OR OTHER ASSETS.
  6. "PSYCHOLOGICAL ABUSE" IS THE INFLICTION OF MENTAL ANGUISH INCLUDING
BUT NOT LIMITED TO THREATENING, NAME CALLING, FRIGHTENING, INTIMIDATING,
HUMILIATING, ISOLATING AND INFANTILIZING.
  S 459-M. REPORTING PROCEDURE. 1. REPORTS OF SUSPECTED  CRIMES  AGAINST
DEPENDENT  ADULTS  SHALL  BE  MADE IMMEDIATELY BY TELEPHONE TO THE LOCAL
POLICE DEPARTMENT OR TO THE STATE-WIDE HOTLINE ESTABLISHED  PURSUANT  TO
SECTION  TWENTY  OF  THIS  CHAPTER.  ORAL REPORTS SHALL BE FOLLOWED BY A
REPORT IN WRITING WITHIN FORTY-EIGHT HOURS AFTER SUCH  ORAL  REPORT  AND
SHOULD BE MADE TO THE APPROPRIATE LOCAL ADULT PROTECTIVE SERVICE.
  2.  SUCH  REPORT  SHOULD  CONTAIN  THE  NAME AND ADDRESS OF THE VICTIM
INVOLVED AND THE NAME AND ADDRESS OF THE CAREGIVER RESPONSIBLE  FOR  THE
DEPENDENT  ADULT,  THE  VICTIM'S  AGE, SEX, RACE, ANY PHYSICAL OR MENTAL
INCAPACITATION, NAME AND ADDRESS OF THE PERSON ALLEGED TO BE RESPONSIBLE
FOR COMMITTING THE CRIME, THE SOURCE OF THE REPORT,  THE  PERSON  MAKING
THE  REPORT  AND  WHERE  HE  OR SHE CAN BE REACHED, ACTIONS TAKEN BY THE
REPORTING SOURCE INCLUDING THE TAKING OF PHOTOGRAPHS OR X-RAYS, VICTIM'S
FAMILY COMPOSITION, ANY INFORMATION REGARDING THE NATURE AND  EXTENT  OF
THE CRIME AND ANY OTHER INFORMATION WHICH THE REPORTER BELIEVES MIGHT BE
HELPFUL  IN  AN INVESTIGATION OF THE CASE AND HELPFUL FOR THE PROTECTION
OF SUCH DEPENDENT ADULT.
  3. ANY PERSON MAKING SUCH REPORT SHALL HAVE IMMUNITY FROM ANY  LIABIL-
ITY,  CIVIL  OR  CRIMINAL, THAT MIGHT OTHERWISE RESULT BY REASON OF SUCH
ACTIONS.
  S 459-N. REPORTING  SUSPECTED  CRIMES  AGAINST  DEPENDENT  ADULT.  THE
FOLLOWING PERSONS AND OFFICIALS ARE REQUIRED TO REPORT OR CAUSE A REPORT
TO  BE MADE, FOLLOWING THE REPORTING PROCEDURE OUTLINED IN THIS SECTION,
WHEN   THEY HAVE REASONABLE CAUSE TO  SUSPECT  THAT  A  DEPENDENT  ADULT
COMING  BEFORE  THEM IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY HAS BEEN
THE VICTIM OF A CRIME: ANY  PHYSICIAN,  SURGEON,  PODIATRIST,  RESIDENT,
INTERN,  PSYCHOLOGIST,  REGISTERED  NURSE, HOSPITAL PERSONNEL ENGAGED IN
THE ADMISSION, EXAMINATION, CARE  OR  TREATMENT  OF  PERSONS,  CHRISTIAN
SCIENCE PRACTITIONER, SOCIAL SERVICES WORKER OR ANY OTHER HEALTH PROFES-
SIONAL, PEACE OFFICER, POLICE OFFICER OR LAW ENFORCEMENT OFFICIAL, ADULT
CARE FACILITY ADMINISTRATORS, ANY PERSON PAID FOR CARING FOR A DEPENDENT
ADULT,  ANY  STAFF  PERSON  EMPLOYED BY AN ADULT CARE FACILITY,  MEDICAL
EXAMINER, DENTIST, OSTEOPATH, OPTOMETRIST, CHIROPRACTOR, CORONER,  CLER-
GYMEN, PHARMACIST, PHYSICAL THERAPIST, PSYCHOLOGIST, PSYCHIATRIST OR ANY
OTHER  MENTAL  HEALTH  PRACTITIONER,  ANY ATTORNEY, ACCOUNTANT, TRUSTEE,
GUARDIAN, CONSERVATOR OR OTHER PERSON WHO HAS RESPONSIBILITY FOR PREPAR-
ING THE TAX RECORDS OF A DEPENDENT ADULT OR A PERSON WHO HAS A FIDUCIARY
RESPONSIBILITY FOR ANY OTHER ACTION CONCERNING THE USE  OR  PRESERVATION
OF  A  DEPENDENT ADULT'S PROPERTY, WHO HAS A REASONABLE BASIS TO BELIEVE
THAT  A  DEPENDENT  ADULT  IS  BEING   PHYSICALLY   OR   PSYCHOLOGICALLY
MISTREATED,  NEGLECTED,  OR FINANCIALLY EXPLOITED ACCORDING TO THE DEFI-
NITIONS STATED ABOVE.

S. 335                              4

  S 459-O. PENALTIES FOR FAILURE TO REPORT. 1. ANY PERSON,  OFFICIAL  OR
INSTITUTION  REQUIRED  BY  THIS  ARTICLE TO REPORT ANY CASE OF SUSPECTED
CRIMES AGAINST DEPENDENT ADULTS WHO WILLFULLY FAILS TO DO  SO  SHALL  BE
GUILTY OF A CLASS A MISDEMEANOR.
  2.  ANY  PERSON,  OFFICIAL  OR INSTITUTION REQUIRED BY THIS ARTICLE TO
REPORT A CASE OF A SUSPECTED CRIME AGAINST A DEPENDENT ADULT  WHO  KNOW-
INGLY  AND  WILLFULLY  FAILS  TO  DO  SO SHALL BE CIVILLY LIABLE FOR THE
DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
  S 459-P. ACTION ON REPORTS. THE COMMISSIONER OF THE OFFICE OF CHILDREN
AND FAMILY SERVICES UPON RECEIVING A REPORT OF  SUSPECTED  CRIMES  BEING
COMMITTED  AGAINST  A DEPENDENT ADULT, SHALL CAUSE A PROMPT AND THOROUGH
EVALUATION TO BE MADE, THROUGH THE APPROPRIATE LOCAL OR  COUNTY  DEPART-
MENT  OF  SOCIAL  SERVICES  TO  DETERMINE  THE SITUATION RELATIVE TO THE
CONDITION OF THE DEPENDENT ADULT AND WHAT ACTIONS OR SERVICES,  IF  ANY,
ARE REQUIRED.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S335

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Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2009-S335 (ACTIVE) - Details

2009-S335 (ACTIVE) - Summary

2009-S335 (ACTIVE) - Sponsor Memo

2009-S335 (ACTIVE) - Bill Text download pdf

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Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

2009-S335 (ACTIVE) - Details

2009-S335 (ACTIVE) - Summary

2009-S335 (ACTIVE) - Sponsor Memo

2009-S335 (ACTIVE) - Bill Text download pdf

Comments