Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 29, 2012 |
referred to codes |
Assembly Bill A10456
2011-2012 Legislative Session
Sponsored By
CAMARA
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-A10456 (ACTIVE) - Details
2011-A10456 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10456 I N A S S E M B L Y May 29, 2012 ___________ Introduced by M. of A. CAMARA -- read once and referred to the Committee on Codes 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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