senate Bill S4725

2011-2012 Legislative Session

Includes the financial exploitation of the elderly or disabled within the crime of larceny

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2012 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1233
Mar 12, 2012 committee discharged and committed to rules
notice of committee consideration - requested
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 17, 2011 referred to codes
delivered to assembly
passed senate
Jun 16, 2011 ordered to third reading cal.1341
committee discharged and committed to rules
Apr 15, 2011 referred to codes

Votes

view votes

Jun 13, 2012 - Rules committee Vote

S4725
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S4725 - Details

See Assembly Version of this Bill:
A2374
Law Section:
Penal Law
Laws Affected:
Amd ยงยง155.00 & 155.05, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S8105, A4163

S4725 - Summary

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

S4725 - Sponsor Memo

S4725 - Bill Text download pdf

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

                                  4725

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

Introduced  by  Sen. KENNEDY -- 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06653-01-1

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