senate Bill S4398A

2011-2012 Legislative Session

Provides for mandatory imprisonment and plea restrictions for offenses victimizing the elderly and physically disabled

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Dec 09, 2011 print number 4398a
amend and recommit to codes
Apr 04, 2011 referred to codes

S4398 - Details

See Assembly Version of this Bill:
A4071
Law Section:
Penal Law
Laws Affected:
Amd §10.00, add Art 280 §§280.00 - 280.10, amd §60.05, add §70.09, Pen L; amd §§180.75, 220.10, 220.30 & 720.10, CP L
Versions Introduced in 2009-2010 Legislative Session:
S4773, A3971

S4398 - Summary

Defines the felonies of victimizing the elderly or physically disabled in the 3rd degree, 2nd degree and 1st degree and provides that a sentence of imprisonment must be imposed upon conviction of certain offenses against the elderly or physically disabled; provides that a juvenile offender shall include a person 14 or 15 years old who is criminally responsible for victimizing the elderly or physically disabled; includes within the category, "eligible youth" for youthful offender treatment, one who has been convicted of victimizing the elderly or the physically disabled in the 1st degree; provides certain plea restrictions and sentencing structure for persons convicted of such crimes.

S4398 - Sponsor Memo

S4398 - Bill Text download pdf

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

                                  4398

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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  criminal  procedure  law,  in
  relation  to mandatory imprisonment and plea restrictions for offenses
  victimizing the elderly and physically disabled

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

  Section 1. It is hereby found and declared that elderly and physically
disabled  people  continue  to be singled out as victims of crime. It is
also found that the physical  harm  and  emotional  trauma  suffered  by
elderly  and  physically disabled crime victims has a devastating effect
on the lives of those victims.
  The elderly or physically disabled victim  has  a  decreased  physical
capability  to resist an attacker and thus becomes an inviting target of
crime. Moreover, the aftereffects of crime on the elderly and the  phys-
ically  handicapped  affect  them  more deeply than any statistics would
indicate. The emotional trauma  and  possible  serious  physical  damage
resulting from a face to face crime may cause a permanent downgrading in
the  elderly  or  physically  disabled  victim's lifestyle. Such victims
often impose "house-arrest" on themselves,  afraid  to  shop,  to  visit
friends,  to go to the doctor, to live, unless behind locked doors. Even
those elderly or physically disabled who are not direct victims of crime
suffer indirectly, because they, having learned of the terrible  tragedy
suffered  by other elderly and physically disabled and fearful for their
own individual safety, barricade  themselves  within  their  homes.  The
older  or  physically disabled crime victim is thus twice victimized--by
the crime and by its aftermath.
  Criminologists, sociologists, psychologists, and the police all recog-
nize and acknowledge these facts, but the law does not.    It  has  been
ineffective  in  deterring crimes against the elderly and the physically
disabled,  particularly  those  involving  violence  or  the  threat  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06749-02-1

Co-Sponsors

S4398A (ACTIVE) - Details

See Assembly Version of this Bill:
A4071
Law Section:
Penal Law
Laws Affected:
Amd §10.00, add Art 280 §§280.00 - 280.10, amd §60.05, add §70.09, Pen L; amd §§180.75, 220.10, 220.30 & 720.10, CP L
Versions Introduced in 2009-2010 Legislative Session:
S4773, A3971

S4398A (ACTIVE) - Summary

Defines the felonies of victimizing the elderly or physically disabled in the 3rd degree, 2nd degree and 1st degree and provides that a sentence of imprisonment must be imposed upon conviction of certain offenses against the elderly or physically disabled; provides that a juvenile offender shall include a person 14 or 15 years old who is criminally responsible for victimizing the elderly or physically disabled; includes within the category, "eligible youth" for youthful offender treatment, one who has been convicted of victimizing the elderly or the physically disabled in the 1st degree; provides certain plea restrictions and sentencing structure for persons convicted of such crimes.

S4398A (ACTIVE) - Sponsor Memo

S4398A (ACTIVE) - Bill Text download pdf

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

                                 4398--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to mandatory imprisonment and plea restrictions for  offenses
  victimizing the elderly and physically disabled

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

  Section 1. It is hereby found and declared that elderly and physically
disabled people continue to be singled out as victims of  crime.  It  is
also  found  that  the  physical  harm  and emotional trauma suffered by
elderly and physically disabled crime victims has a  devastating  effect
on the lives of those victims.
  The  elderly  or  physically  disabled victim has a decreased physical
capability to resist an attacker and thus becomes an inviting target  of
crime.  Moreover, the aftereffects of crime on the elderly and the phys-
ically handicapped affect them more deeply  than  any  statistics  would
indicate.  The  emotional  trauma  and  possible serious physical damage
resulting from a face to face crime may cause a permanent downgrading in
the elderly or physically  disabled  victim's  lifestyle.  Such  victims
often  impose  "house-arrest"  on  themselves,  afraid to shop, to visit
friends, to go to the doctor, to live, unless behind locked doors.  Even
those elderly or physically disabled who are not direct victims of crime
suffer  indirectly, because they, having learned of the terrible tragedy
suffered by other elderly and physically disabled and fearful for  their
own  individual  safety,  barricade  themselves  within their homes. The
older or physically disabled crime victim is thus  twice  victimized--by
the crime and by its aftermath.
  Criminologists, sociologists, psychologists, and the police all recog-
nize  and  acknowledge  these  facts, but the law does not.  It has been

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06749-03-1

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