NY State Senate Bill 2009-S8105

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2010	referred to codes

2009-S8105 (ACTIVE) - Details

See Assembly Version of this Bill:: A4163
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§155.00 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4725, A2374
2013-2014: S373, A2898
2015-2016: S1417, A4467, A9974
2017-2018: S660
2019-2020: S587
2021-2022: S5112
2023-2024: S5708

2009-S8105 (ACTIVE) - Summary

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

2009-S8105 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8105

TITLE OF BILL:
An act
to amend the penal law, in relation to financial exploitation of the
elderly and disabled

PURPOSE:
This bill will allow prosecutions for financial abuse of
senior citizens by amending the Penal Law to add a new crime of
financial exploitation of the elderly or disabled.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section 155.00 of the
New York State Penal Law by adding a new paragraph regarding
"Financial Exploitation of the Elderly and Disabled."

Elderly means any person who is 60 years of age or older who is also
suffering from a disease or infirmity associated with advanced age.
Disabled means any person who suffers from permanent physical or
mental impairment as a result of a disease, injury, functional
disorder or congenital condition to the extent that that person is
incapable of preventing or avoiding the commission of a larceny
against himself or herself.

A person in a position of trust is defined as any person who is the

parent, spouse, adult child or other relative by blood or affinity;
or a joint tenant or tenant in common or someone who has a fiduciary
obligation to the elderly or disabled person.

Intimidation is the communication that that he or she will be deprived
of food, nutrition, shelter, medication, medical care or medical
treatment.

Section 155.05 of the Penal Law is amended to make it a crime for a
person in a position of trust to compel or induce the elderly or
disabled person to deliver property by means of fraud, false
promises, extortion or intimidation.

JUSTIFICATION:
Presently, there are no provisions in the Penal Law
that specifically address this growing problem. This has lead to
instances where prosecutors have not been able to bring sufficient
charges against persons who have exploited vulnerable senior citizens
and disabled persons. Today, approximately 45 states have criminal
statutes to address financial abuse of elderly and disabled persons.
Prosecutors in New York have not only seen an increasing amount of
elder financial abuse cases, but have also found that they cannot
adequately prosecute this new
type of criminal because present Larceny statutes do not specifically
define this type of theft.

This has led to instances where prosecutors either have been prevented
from prosecuting these criminals or have had to resort to cumbersome
legal theories of prosecution that could be successfully appealed by
a convicted person.

As New York's senior population has increased, there has been a marked
increase in reported incidents of financial elder abuse. In most
instances, financial elder abuse involves the theft of money from a
senior's checking account, Certificates of Deposit and other bank
accounts.
Usually the perpetrator is a family member, a close "friend" or a
caretaker who has frequent contact with the senior and has gained the
senior's trust. This new section of the Penal Code addresses this new
crime and gives prosecutors the authority they need to successfully
prosecute these criminals. Specifically, it recognizes that senior
citizens and disabled persons are a special type of victim and
creates new criteria for elder financial abuse.

PRIOR LEGISLATIVE HISTORY:
1/5/00 - A.4991-A Referred to Assembly Codes Committee
1/5/00 - S.2841-A Referred to Senate Codes Committee
1/9/02 - A.3174   Referred to Assembly Codes Committee
1/4/06 - A.1798   Referred to Assembly Codes Committee
1/3/07 - A.305    Referred to Assembly Codes
1/9/08 - A.305    Referred to Assembly Codes

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the first of November
next succeeding the date on which it becomes law.

2009-S8105 (ACTIVE) - Bill Text download pdf

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

                                  8105

                            I N  S E N A T E

                              June 8, 2010
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- 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.
  13.  "INTIMIDATION"  MEANS THE COMMUNICATION TO AN ELDERLY OR DISABLED
PERSON THAT HE OR SHE WILL BE  DEPRIVED  OF  FOOD,  NUTRITION,  SHELTER,
MEDICATION, MEDICAL CARE OR MEDICAL TREATMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06022-01-9

S. 8105                             2

  S  2.  Subdivision  2 of section 155.05 of the penal law is amended by
adding a new paragraph (f) to read as follows:
  (F) BY FINANCIAL EXPLOITATION OF THE ELDERLY OR DISABLED.
  (I) A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF THE ELDERLY
OR  DISABLED,  WHEN  BEING  A  PERSON  IN A POSITION OF TRUST, HE OR SHE
COMPELS OR INDUCES AN ELDERLY OR DISABLED PERSON TO DELIVER SUCH PROPER-
TY TO HIMSELF OR HERSELF OR TO A THIRD PERSON BY MEANS OF  FRAUD,  FALSE
PROMISE, EXTORTION OR INTIMIDATION.
  (II) NO PROVISION OF THIS PARAGRAPH SHALL BE DEEMED TO IMPOSE CRIMINAL
LIABILITY  UPON  ANY PERSON WHO IN GOOD FAITH SEEKS TO ASSIST AN ELDERLY
OR DISABLED PERSON IN THE MANAGEMENT OF HIS OR HER PROPERTY, BUT THROUGH
NO FAULT OF SUCH PERSON IS UNABLE TO  ASSIST  THE  ELDERLY  OR  DISABLED
PERSON.
  (III)  IT  SHALL BE NO DEFENSE TO ANY PROSECUTION FOR LARCENY BY MEANS
OF FINANCIAL EXPLOITATION OF THE ELDERLY OR DISABLED THAT THE  DEFENDANT
DID  NOT KNOW THE FACTS AND CONDITIONS RESPONSIBLE FOR MAKING THE VICTIM
AN ELDERLY OR DISABLED PERSON.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S8105

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2009-S8105 (ACTIVE) - Details

2009-S8105 (ACTIVE) - Summary

2009-S8105 (ACTIVE) - Sponsor Memo

2009-S8105 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S8105

Senate Bill S8105

Share this bill

Sponsored By

William T. Stachowski

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2009-S8105 (ACTIVE) - Details

2009-S8105 (ACTIVE) - Summary

2009-S8105 (ACTIVE) - Sponsor Memo

2009-S8105 (ACTIVE) - Bill Text download pdf

Comments