Senate Bill S1417

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2015-S1417 (ACTIVE) - Details

See Assembly Version of this Bill:
A9974
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8105, A4163
2011-2012: S4725, A2374
2013-2014: S373, A2898
2017-2018: S660
2019-2020: S587
2021-2022: S5112
2023-2024: S5708

2015-S1417 (ACTIVE) - Summary

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

2015-S1417 (ACTIVE) - Sponsor Memo

2015-S1417 (ACTIVE) - Bill Text download pdf

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

                                  1417

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced by Sens. KENNEDY, CARLUCCI, KRUEGER -- 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.
                                                           LBD03204-01-5

              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.