senate Bill S6712

2011-2012 Legislative Session

Establishes the crime of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person

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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 referred to codes
delivered to assembly
passed senate
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

Votes

view votes

Jun 18, 2012 - Rules committee Vote

S6712
23
0
committee
23
Aye
0
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

May 22, 2012 - Social Services committee Vote

S6712
5
0
committee
5
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Social Services committee vote details

Social Services Committee Vote: May 22, 2012

excused (1)

S6712 - Details

See Assembly Version of this Bill:
A10456
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

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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