S T A T E O F N E W Y O R K
________________________________________________________________________
6639
2015-2016 Regular Sessions
I N A S S E M B L Y
March 30, 2015
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Introduced by M. of A. LINARES -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to increasing penalties for
offenses committed against elderly persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 70.12 to
read as follows:
S 70.12 SENTENCE OF IMPRISONMENT FOR AN OFFENSE COMMITTED AGAINST AN
ELDERLY PERSON.
1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ELDERLY PERSON" MEANS A HUMAN BEING SIXTY YEARS OLD OR MORE.
(B) "OFFENSE COMMITTED" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
PROVISIONS OF THIS CHAPTER: SECTION 120.00 (ASSAULT IN THE THIRD
DEGREE), SECTION 120.05 (ASSAULT IN THE SECOND DEGREE), SECTION 120.10
(ASSAULT IN THE FIRST DEGREE), 120.06 (GANG ASSAULT IN THE SECOND
DEGREE), 120.07 (GANG ASSAULT IN THE FIRST DEGREE), 120.08 (ASSAULT ON A
PEACE OFFICER, POLICE OFFICER, FIREMAN OR EMERGENCY MEDICAL SERVICES
PROFESSIONAL), SECTION 120.13 (MENACING IN THE FIRST DEGREE), SECTION
120.14 (MENACING IN THE SECOND DEGREE), SECTION 120.15 (MENACING IN THE
THIRD DEGREE), SECTION 120.20 (RECKLESS ENDANGERMENT IN THE SECOND
DEGREE), SECTION 120.25 (RECKLESS ENDANGERMENT IN THE FIRST DEGREE),
SECTION 120.45 (STALKING IN THE FOURTH DEGREE), SECTION 120.50 (STALKING
IN THE THIRD DEGREE), SECTION 120.55 (STALKING IN THE SECOND DEGREE),
SECTION 120.60 (STALKING IN THE FIRST DEGREE), SUBDIVISION ONE OF
SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE), SUBDIVISION ONE, TWO
OR FOUR OF SECTION 125.20 (MANSLAUGHTER IN THE FIRST DEGREE), SECTION
125.25 (MURDER IN THE SECOND DEGREE), SUBDIVISION ONE OF SECTION 130.35
(RAPE IN THE FIRST DEGREE), SECTION 130.40 (CRIMINAL SEXUAL ACT IN THE
THIRD DEGREE), SECTION 130.45 (CRIMINAL SEXUAL ACT IN THE SECOND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10212-01-5
A. 6639 2
DEGREE), SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST DEGREE),
SECTION 130.53 (PERSISTENT SEXUAL ABUSE), SECTION 130.65 (SEXUAL ABUSE
IN THE FIRST DEGREE), SECTION 130.65-A (AGGRAVATED SEXUAL ABUSE IN THE
FOURTH DEGREE), SECTION 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD
DEGREE), SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE),
SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE), SECTION
135.05 (UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE), SECTION 135.10
(UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE), SECTION 135.20 (KIDNAPPING
IN THE SECOND DEGREE), SECTION 135.25 (KIDNAPPING IN THE FIRST DEGREE),
SECTION 135.60 (COERCION IN THE SECOND DEGREE), SECTION 135.65 (COERCION
IN THE FIRST DEGREE), SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD
DEGREE), SECTION 140.15 (CRIMINAL TRESPASS IN THE SECOND DEGREE),
SECTION 140.17 (CRIMINAL TRESPASS IN THE FIRST DEGREE), SECTION 140.20
(BURGLARY IN THE THIRD DEGREE), SECTION 140.25 (BURGLARY IN THE SECOND
DEGREE), SECTION 140.30 (BURGLARY IN THE FIRST DEGREE), SECTION 145.00
(CRIMINAL MISCHIEF IN THE FOURTH DEGREE), SECTION 145.05 (CRIMINAL
MISCHIEF IN THE THIRD DEGREE), SECTION 145.10 (CRIMINAL MISCHIEF IN THE
SECOND DEGREE), SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST DEGREE),
SECTION 150.05 (ARSON IN THE FOURTH DEGREE), SECTION 150.10 (ARSON IN
THE THIRD DEGREE), SECTION 150.15 (ARSON IN THE SECOND DEGREE), SECTION
150.20 (ARSON IN THE FIRST DEGREE), SECTION 155.25 (PETIT LARCENY),
SECTION 155.30 (GRAND LARCENY IN THE FOURTH DEGREE), SECTION 155.35
(GRAND LARCENY IN THE THIRD DEGREE), SECTION 155.40 (GRAND LARCENY IN
THE SECOND DEGREE), SECTION 155.42 (GRAND LARCENY IN THE FIRST DEGREE),
SECTION 160.05 (ROBBERY IN THE THIRD DEGREE), SECTION 160.10 (ROBBERY IN
THE SECOND DEGREE), SECTION 160.15 (ROBBERY IN THE FIRST DEGREE),
SECTION 240.25 (HARASSMENT IN THE FIRST DEGREE), SUBDIVISION ONE, TWO OR
FOUR OF SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE), OR
ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
2. AUTHORIZED SENTENCE. (A) NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, WHEN A PERSON IS CONVICTED OF AN OFFENSE COMMITTED AGAINST AN
ELDERLY PERSON WHICH IS A CLASS C, D OR E FELONY OR CLASS A, B OR
UNCLASSIFIED MISDEMEANOR, THE OFFENSE SHALL BE DEEMED TO BE ONE CATEGORY
HIGHER THAN THE OFFENSE THE PERSON COMMITTED, OR ATTEMPTED OR CONSPIRED
TO COMMIT.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN A PERSON IS
CONVICTED OF AN OFFENSE COMMITTED AGAINST AN ELDERLY PERSON WHICH IS A
CLASS B FELONY:
(I) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
SIX YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
THIS ARTICLE;
(II) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT YEARS
IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS ARTICLE;
(III) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE
YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS
ARTICLE;
(IV) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.05 OF
THIS ARTICLE; AND
(V) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
DETERMINATE SENTENCE MUST BE AT LEAST TEN YEARS IF THE DEFENDANT IS
SENTENCED PURSUANT TO SECTION 70.06 OF THIS ARTICLE.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.