|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 12, 2014||referred to codes|
delivered to assembly
|May 19, 2014||advanced to third reading|
|May 14, 2014||2nd report cal.|
|May 13, 2014||1st report cal.764|
|May 02, 2014||referred to codes|
senate Bill S7177
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7177 (ACTIVE) - Details
S7177 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7177 TITLE OF BILL: An act to amend the penal law, in relation to the definition of mentally disabled and in relation to larceny PURPOSE: To amend the Penal Law to state that, "it is no defense to a prosecution for larceny that the defendant obtained consent to take, withhold, or obtain property, where such consent was obtained from a person who the defendant knew or had reason to know was mentally disabled" and to define "mentally disabled." SUMMARY OF PROVISIONS: Section 1 amends § 155.00 of the Penal Law, by adding a new subdivision 10 to specify the term "mentally disabled" means that a person suffers from a mental disease, defect or condition which renders him or her incapable of appraising the nature of the conduct constituting the taking, obtaining or withholding of his or her property. Section 2 amends § 155.10 of the Penal Law to state that, "it is no defense to a prosecution for larceny that the defendant obtained consent to take, withhold, or obtain property, where such consent was obtained from a person who the defendant knew or had reason to know was mentally disabled."
S7177 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7177 I N S E N A T E May 2, 2014 ___________ Introduced by Sen. GALLIVAN -- 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 the definition of mentally disabled and in relation to larceny 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 a new subdivision 10 to read as follows: 10. "MENTALLY DISABLED" MEANS THAT A PERSON SUFFERS FROM A MENTAL DISEASE, DEFECT OR CONDITION WHICH RENDERS HIM OR HER INCAPABLE OF APPRAISING THE NATURE OF THE CONDUCT CONSTITUTING THE TAKING, OBTAINING OR WITHHOLDING OF HIS OR HER PROPERTY. S 2. Section 155.10 of the penal law is amended to read as follows: S 155.10 Larceny; no defense. 1. The crimes of (a) larceny committed by means of extortion and an attempt to commit the same, and (b) bribe receiving by a labor official as defined in section 180.20, and bribe receiving as defined in section 200.05, are not mutually exclusive, and it is no defense to a prose- cution for larceny committed by means of extortion or for an attempt to commit the same that, by reason of the same conduct, the defendant also committed one of such specified crimes of bribe receiving. 2. IT IS NO DEFENSE TO A PROSECUTION FOR LARCENY THAT THE DEFENDANT OBTAINED CONSENT TO TAKE, WITHHOLD, OR OBTAIN PROPERTY, WHERE SUCH CONSENT WAS OBTAINED FROM A PERSON WHOM THE DEFENDANT KNEW OR HAD REASON TO KNOW WAS MENTALLY DISABLED. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13768-02-4
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