|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Jan 05, 2011||referred to codes|
senate Bill S162
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S162 - Details
S162 - 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.
S162 - Sponsor Memo
BILL NUMBER:S162 TITLE OF BILL: 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 PURPOSE: This bill amends the penal law to include the crime of financial exploitation of the elderly by amending section 155.00 et seq., (larceny). This legislation was recommended by the New York State District Attorneys Association's Elder Abuse Committee. SUMMARY OF PROVISIONS: Section 1 of the bill amends section 155.00 of the penal law by adding new subdivisions 10 and 11 to define the terms "mentally disabled" and "mentally incapacitated." Section 2 of the bill amends section 155.05(2)(a) of the penal law which defines a wrongful taking to include thefts by defendants who know or have reason to know that the victim suffers from a mental disability or incapacity. Section 3 of the bill adds a new subdivision 3 to section 155.15 of the penal law to create an affirmative defense applicable to cases in which the defendant obtained property in the course of rendering assistance which benefited the elderly owner, as long as the value of appropriated property was commensurate with the benefit received.
S162 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 162 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. MAZIARZ, ALESI, DeFRANCISCO, DIAZ, GOLDEN, GRIFFO, LANZA, RANZENHOFER, SALAND, SEWARD, SKELOS -- 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 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.
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