senate Bill S373

2013-2014 Legislative Session

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

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1422
committee discharged and committed to rules
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 04, 2013 referred to codes
delivered to assembly
passed senate
May 21, 2013 ordered to third reading cal.710
committee discharged and committed to rules
Jan 09, 2013 referred to codes

Votes

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Jun 17, 2014 - Rules committee Vote

S373
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

May 21, 2013 - Rules committee Vote

S373
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S373 - Bill Details

See Assembly Version of this Bill:
A2898
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง155.00 & 155.05, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4725, A2374
2009-2010: S8105, A4163

S373 - Bill Texts

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

view sponsor memo
BILL NUMBER:S373

TITLE OF BILL:
An act
to amend the penal law, in relation to financial exploitation of the
elderly and disabled

PURPOSE:
This bill will allow prosecutions for financial abuse of senior
citizens by amending the Penal Law to add a new crime of financial
exploitation of the elderly or disabled.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section 155.00 of the New York State Penal Law by
adding a new paragraph regarding "Financial Exploitation of the
Elderly and Disabled."

Elderly means any person who is 60 years of age or older who is also
suffering from a disease or infirmity associated with advanced age.
Disabled means any person who suffers from permanent physical or
mental impairment as a result of a disease, injury, functional
disorder or congenital condition to the extent that that person is
incapable of preventing or avoiding the commission of a larceny
against himself or herself.

A person in a position of trust is defined as any person who is the
parent, spouse, adult child or other relative by blood or affinity;
or a joint tenant or tenant in common or someone who has a fiduciary
obligation to the elderly or disabled person.

Intimidation is the communication that that he or she will be deprived
of food, nutrition, shelter, medication, medical care or medical
treatment.

Section 155.05 of the Penal Law is amended to make it a crime for a
person in a position of trust to compel or induce the elderly or
disabled person to deliver property by means of fraud, false
promises, extortion or intimidation.

JUSTIFICATION:
Presently, there are no provisions in the Penal Law that specifically
address this growing problem. This has lead to instances where
prosecutors have not been able to bring sufficient charges against
persons who have exploited vulnerable senior citizens and disabled
persons. Today, approximately 45 states have criminal statutes to
address financial abuse of elderly and disabled persons. Prosecutors
in New York have not only seen an increasing amount of elder
financial abuse cases, but have also found that they cannot
adequately prosecute this new type of criminal because present
Larceny statutes do not specifically define this type of theft. This
has led to instances where prosecutors either have been prevented
from prosecuting these criminals or have had to resort to cumbersome
legal theories of prosecution that could be successfully appealed by
a convicted person.


As New York's senior population has increased, there has been a marked
increase in reported incidents of financial elder abuse. In most
instances, financial elder abuse involves the theft of money from a
senior's
checking account, Certificate of Deposit and other bank accounts.
Usually the perpetrator is a family member, a close "friend" or a
caretaker who has frequent contact with the senior and has gained the
senior's trust. This new section of the Penal Code addresses this new
crime and gives prosecutors the authority they need to successfully
prosecute these criminals. Specifically, it recognizes that senior
citizens and disabled persons are a special type of victim and
creates new criteria for elder financial abuse.

PRIOR LEGISLATIVE HISTORY:
2002 - A.3174 Referred to Assembly Codes Committee
2006 - A.1798 Referred to Assembly Codes Committee
2007 - A.305 Referred to Assembly Codes
2008 - A.305 Referred to Assembly Codes
2009 - S.8105 Referred to Codes/A.4163 Referred to Codes
2011 - S.4725 Passed Senate/A.2374 Referred to Codes

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it becomes law.

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

                                   373

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.
                                                           LBD02425-01-3

S. 373                              2

  13.  "INTIMIDATION"  MEANS THE COMMUNICATION TO AN ELDERLY OR DISABLED
PERSON THAT HE OR SHE WILL BE  DEPRIVED  OF  FOOD,  NUTRITION,  SHELTER,
MEDICATION, MEDICAL CARE OR MEDICAL TREATMENT.
  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 ELDERLY OR DISABLED.
  (I) A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF THE ELDERLY
OR DISABLED, WHEN BEING A PERSON IN A  POSITION  OF  TRUST,  HE  OR  SHE
COMPELS OR INDUCES AN ELDERLY OR DISABLED PERSON TO DELIVER SUCH PROPER-
TY  TO  HIMSELF OR HERSELF OR TO A THIRD PERSON BY MEANS OF FRAUD, FALSE
PROMISE, EXTORTION OR INTIMIDATION.
  (II) NO PROVISION OF THIS PARAGRAPH SHALL BE DEEMED TO IMPOSE CRIMINAL
LIABILITY UPON ANY PERSON WHO IN GOOD FAITH SEEKS TO ASSIST  AN  ELDERLY
OR DISABLED PERSON IN THE MANAGEMENT OF HIS OR HER PROPERTY, BUT THROUGH
NO  FAULT  OF  SUCH  PERSON  IS UNABLE TO ASSIST THE ELDERLY OR DISABLED
PERSON.
  (III) IT SHALL BE NO DEFENSE TO ANY PROSECUTION FOR LARCENY  BY  MEANS
OF  FINANCIAL EXPLOITATION OF THE ELDERLY OR DISABLED THAT THE DEFENDANT
DID NOT KNOW THE FACTS AND CONDITIONS RESPONSIBLE FOR MAKING THE  VICTIM
AN ELDERLY OR DISABLED PERSON.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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