|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 18, 2012||referred to codes|
delivered to assembly
ordered to third reading cal.1280
committee discharged and committed to rules
|May 22, 2012||reported and committed to codes|
|Mar 12, 2012||referred to social services|
senate Bill S6712
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6712 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§260.31, 155.05 & 155.15, Pen L; amd §473, Soc Serv L
S6712 - Summary
Establishes the crimes of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person in the first, second, and third degree.
S6712 - Sponsor Memo
BILL NUMBER:S6712 TITLE OF BILL: An act to amend the penal law and the social services law, in relation to preventing financial exploitation of the elderly PURPOSE: Establishes exploitation of the vulnerable elderly or incompetent or physically disabled as a form of larceny. SUMMARY OF PROVISIONS: Section 1 amends section 260.31 of the penal law by changing the defi- nition of "Caregiver". Section 2 amends section 155.05 of the penal law by changing the defi- nition of larceny to include financial exploitation of the vulnerable elderly or incompetent or physically disabled person. Section 3 amends section 155.15 of the penal law by creating a defense for financial exploitation of the vulnerable elderly or incompetent or physically disabled. Section 4 amends section 473 of the social services law to require local officials to report to the appropriate district attorney's office when there is reasonable belief that a crime is being perpetrated against a person for whom protective services are being provided.
S6712 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6712 I N S E N A T E March 12, 2012 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the penal law and the social services law, in relation to preventing financial exploitation of the elderly THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph and subdivision 1 of section 260.31 of the penal law, the opening paragraph as added by chapter 381 of the laws of 1998, subdivision 1 as amended and such section as renumbered by chapter 14 of the laws of 2010, are amended to read as follows: For the purpose of sections 155.05, 260.32 and 260.34 of this article, the following definitions shall apply: 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) VOLUNTARILY ASSUMES RESPONSIBILITY FOR THE CARE OF A VULNERABLE ELDERLY PERSON OR AN INCOM- PETENT OR PHYSICALLY DISABLED PERSON; OR (III) receives monetary or other valuable consideration for providing care for a vulnerable elderly person, or an incompetent or physically disabled person. 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 VULNERABLE ELDERLY OR INCOMPETENT OR PHYSICALLY DISABLED PERSON. (I) A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF A VULNER- ABLE ELDERLY, OR INCOMPETENT OR PHYSICALLY DISABLED PERSON WHEN, WHILE IN A BUSINESS RELATIONSHIP OR CAREGIVER STATUS WITH A VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, HE OR SHE KNOWINGLY OBTAINS OR USES OR ATTEMPTS TO OBTAIN OR USE A VULNERABLE ELDERLY PERSON'S OR INCOMPETENT OR PHYSICALLY DISABLED PERSON'S PROPERTY WITH THE INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON OF THE USE, BENEFIT OR POSSESSION OF THE PROPERTY, OR TO BENEFIT HIMSELF OR HERSELF OR A THIRD PERSON. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14971-01-2
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