Senate Bill S5208

Vetoed By Governor
2009-2010 Legislative Session

Establishes felony offenses relating to endangering the welfare of an incompetent or physically disabled person

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Sponsored By

Archive: Last Bill Status Via A6349 - Vetoed by Governor


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

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2009-S5208 (ACTIVE) - Details

See Assembly Version of this Bill:
A6349
Law Section:
Penal Law
Laws Affected:
Ren §260.30 to be §260.31; amd §§260.31, 260.32 & 260.34, Pen L

2009-S5208 (ACTIVE) - Summary

Establishes felony offenses relating to endangering the welfare of an incompetent or physically disabled person.

2009-S5208 (ACTIVE) - Sponsor Memo

2009-S5208 (ACTIVE) - Bill Text download pdf

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

                                  5208

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sens. HUNTLEY, BRESLIN -- 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 endangering the welfare of
  an incompetent or physically disabled person

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

  Section 1. Section 260.30 of the penal law, as added by chapter 381 of
the laws of 1998, is renumbered section 260.31.
  S  2.  Subdivision  1  of section 260.31 of the penal law, as added by
chapter 381 of the laws of 1998, such section as renumbered  by  section
one of this act, is amended to read as follows:
  1.  "Caregiver"  means a person who (i) assumes responsibility for the
care of a vulnerable elderly person, OR  AN  INCOMPETENT  OR  PHYSICALLY
DISABLED  PERSON pursuant to a court order; or (ii) receives monetary or
other valuable consideration for providing care for a vulnerable elderly
person, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON.
  S 3. Sections 260.32 and 260.34 of the penal law, as added by  chapter
381  of  the laws of 1998, subdivision 4 of section 260.32 as amended by
chapter 1 of the laws of 2000, are amended to read as follows:
S 260.32 Endangering the welfare of a vulnerable elderly person,  OR  AN
             INCOMPETENT  OR  PHYSICALLY  DISABLED  PERSON in the second
             degree.
  A person is guilty of endangering the welfare of a vulnerable  elderly
person,  OR  AN  INCOMPETENT OR PHYSICALLY DISABLED PERSON in the second
degree when, being a caregiver for a vulnerable elderly  person,  OR  AN
INCOMPETENT OR PHYSICALLY 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06395-01-9
              

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