NY State Senate Bill S641

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

view actions (15)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2016	referred to codes delivered to assembly passed senate
Mar 30, 2016	advanced to third reading
Mar 29, 2016	2nd report cal.
Mar 28, 2016	1st report cal.459
Jan 06, 2016	referred to codes returned to senate died in assembly
Jun 15, 2015	referred to codes delivered to assembly passed senate
May 27, 2015	ordered to third reading cal.962 committee discharged and committed to rules
Jan 07, 2015	referred to codes

Votes

Co-Sponsors

S641 (ACTIVE) - Details

See Assembly Version of this Bill:: A3891
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §260.31, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6865, A9764
2013-2014: S2951, A2781
2017-2018: A1768

S641 (ACTIVE) - Summary

Relates to endangering the welfare of a vulnerable elderly person. Criminal Sanction Impact.

S641 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S641

 TITLE OF BILL :  An act to amend the penal law, in relation to
endangering the welfare of a vulnerable elderly person, or an
incompetent or physically disabled person

 PURPOSE :

To expand the definition of caregiver for the purpose of sections
260.32 and 260.34 of the penal law.

 SUMMARY OF PROVISIONS :

Section one of the bill amends subdivision 1 of section 260.31 of the
penal law to expand the definition of caregiver to include a person
who voluntarily, or otherwise by operation of law, assumes
responsibility for providing care for a vulnerable elderly person, or
an incompetent or physically disabled person.

Section two is the effective date

 JUSTIFICATION :

The definition of caregiver in section 260.31 of the penal law is
limited to a person assuming responsibility of care of a vulnerable
elderly person, or an incompetent or physically disabled person

pursuant to a court order, or receives monetary or other valuable
consideration for providing such care. This bill would expand the
definition of a caregiver to include someone that is assumes
responsibility by other operations of law such as an appointed
guardian or power of attorney, or some someone that is voluntarily
responsible for providing care.

Prosecutors, law enforcement officers, and elder advocates have been
frustrated by the limitations of New York's endangering the welfare of
a vulnerable elderly person law. By not including unpaid caregivers in
the definition, vulnerable older adults have been deprived of the
added protection they need and deserve. By expanding the definition to
include voluntary caregivers, the amended law will impose stiff
criminal penalties for inflicting harm on our most vulnerable
populations, and will serve as a deterrent to inflicting such harm.

Elder abuse occurs more often in people's homes than in institutional
settings and is largely hidden, shrouded in secrecy and shame.
Studies and reports from professionals in the field suggest that elder
abuse in domestic settings is a widespread, escalating epidemic - a
serious problem that exists in every community and every neighborhood.
Older adults are often reluctant to reveal incidents of abuse,
particularly when the abuser is a family member or trusted
acquaintance. When mistreatment is reported, abusers should be held
accountable for the crimes they perpetrate against their innocent
victims, and should face stiff penalties for those crimes.

The recent New York State Elder Abuse Prevalence Study found that 141
out of 1,000 older New Yorkers self-reported that they have
experienced an elder abuse event since turning age 60. Seventy-six out
of 1,400 reported abuse within the one-year period preceding the study
interview. Of the reported abusers, 88, were people other than paid
home care aides, including relatives, friends, and neighbors.

Recommendations developed during the New York State Elder Abuse Summit
identified the limited definition of caregiver as a barrier to
prosecuting many abuse cases. Expanding the definition to include all
caregivers who cause injury to a vulnerable elderly person or an
incompetent or physically disabled person will eliminate that barrier.

 LEGISLATIVE HISTORY :

S.2951 of 2013-14

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law.

S641 (ACTIVE) - Bill Text download pdf

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

                                   641

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. VALESKY -- 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 endangering the welfare of
  a vulnerable elderly person, or an incompetent or physically  disabled
  person

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of  section  260.31  of  the  penal  law,  as
amended  by  chapter  14  of  the  laws  of  2010, is amended to read as
follows:
  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], OR OTHERWISE BY  OPERA-
TION  OF LAW; (ii) receives monetary or other valuable consideration for
providing SUCH care; OR (III)  VOLUNTARILY  ASSUMES  RESPONSIBILITY  FOR
PROVIDING  CARE  for  a  vulnerable elderly person, or an incompetent or
physically disabled person.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01965-01-5

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The New York State Senate

senate Bill S641

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

May 9, 2016 - floor Vote

Floor Vote: May 9, 2016

Mar 28, 2016 - Codes committee Vote

Codes Committee Vote: Mar 28, 2016

Jun 15, 2015 - floor Vote

Floor Vote: Jun 15, 2015

May 27, 2015 - Rules committee Vote

Rules Committee Vote: May 27, 2015

Co-Sponsors

S641 (ACTIVE) - Details

S641 (ACTIVE) - Summary

S641 (ACTIVE) - Sponsor Memo

S641 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S641

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Sponsored By

David J. Valesky

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 9, 2016 - floor Vote

Floor Vote: May 9, 2016

Mar 28, 2016 - Codes committee Vote

Codes Committee Vote: Mar 28, 2016

Jun 15, 2015 - floor Vote

Floor Vote: Jun 15, 2015

May 27, 2015 - Rules committee Vote

Rules Committee Vote: May 27, 2015

Co-Sponsors

David Carlucci

Martin J. Golden

Jeffrey D. Klein

Patty Ritchie

Sue Serino

S641 (ACTIVE) - Details

S641 (ACTIVE) - Summary

S641 (ACTIVE) - Sponsor Memo

S641 (ACTIVE) - Bill Text download pdf

Comments