S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4923
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Aging
 
 AN ACT to amend the elder law and the penal law, in relation to enacting
   the senior anti-violence and enforcement act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall be known and may be cited as the "senior
 anti-violence and enforcement act" (SAVE).
   § 2. The elder law is amended by adding a new article  4  to  read  as
 follows:
                                 ARTICLE 4
                         PROTECTION OF THE ELDERLY
                                  TITLE 1
                 SENIOR ANTI-VIOLENCE AND ENFORCEMENT ACT;
                           REPORTS AND FINDINGS
 SECTION 400. DEFINITIONS.
         401. STATEWIDE CENTRAL REGISTRY ESTABLISHED; REQUIREMENTS.
         402. DISPOSITION OF REPORTS RECEIVED BY THE REGISTRY.
         403. AVAILABILITY OF REPORTS.
         404. RELEASE OF INFORMATION.
         405. UNFOUNDED REPORTS.
         406. PENALTY FOR UNAUTHORIZED DISCLOSURE.
         407. PERSONS  REQUIRED  TO  REPORT  SUSPECTED  SENIOR  ABUSE  OR
                MALTREATMENT.
         408. ANY PERSON PERMITTED TO REPORT.
         409. REPORTING PROCEDURE.
         410. IMMUNITY FROM LIABILITY.
         411. PENALTIES FOR FAILURE TO REPORT.
         412. ANNUAL REPORTS.
   § 400. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "SENIOR" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07204-01-7

 S. 4923                             2
 
   2. "REGISTRY" OR "CENTRAL REGISTRY" MEANS THE STATEWIDE CENTRAL REGIS-
 TRY FOR SENIOR ABUSE AND NEGLECT IN THE STATE OFFICE FOR THE AGING.
   3. "OFFICE" MEANS THE STATE OFFICE FOR THE AGING.
   4. "COUNCIL" MEANS THE COUNCIL ON ELDER ABUSE CREATED PURSUANT TO THIS
 ARTICLE.
   5. "DESIGNATED AGENCY" HAS THE SAME MEANING AS PROVIDED IN SECTION TWO
 HUNDRED FOURTEEN OF THIS CHAPTER.
   6.  "LOCAL  SERVICE"  MEANS THOSE SERVICES AND AGENCIES THAT WORK WITH
 DESIGNATED AGENCIES AS PART OF THE TEAM IN INVESTIGATING ALLEGATIONS  OF
 ABUSE OF A SENIOR.
   7.  "ABUSED  SENIOR"  MEANS AND INCLUDES A SENIOR ABUSED IN ANY OF THE
 FOLLOWING MANNERS:
   (A) "PHYSICAL ABUSE"  MEANS  THE  NON-ACCIDENTAL  USE  OF  FORCE  THAT
 RESULTS  IN  THE SUFFERING OF BODILY INJURY, PHYSICAL PAIN OR IMPAIRMENT
 RESULTING FROM THE USE OF PHYSICAL FORCE AGAINST A SENIOR, INCLUDING BUT
 NOT LIMITED TO, STRIKING WITH OR WITHOUT AN  OBJECT,  HITTING,  BEATING,
 PUSHING,  SHOVING,  SHAKING,  KICKING,  PINCHING, BEING SLAPPED, BURNED,
 CUT, BRUISED OR IMPROPERLY PHYSICALLY  RESTRAINED.  ALSO,  ANY  PHYSICAL
 SIGNS  OF  IMPAIRMENT  OR  OF BEING SUBJECTED TO PUNISHMENT, OR SIGNS OF
 BEING RESTRAINED, OR A SENIOR'S REPORT OF BEING HIT, SLAPPED, KICKED, OR
 MISTREATED.
   (B) "SEXUAL ABUSE" MEANS NON-CONSENSUAL SEXUAL  CONTACT  OF  ANY  KIND
 WITH  A  SENIOR, INCLUDING BUT NOT LIMITED TO, UNWANTED TOUCHING, SEXUAL
 ASSAULT OR BATTERY, RAPE, SODOMY, COERCED NUDITY, AND SEXUALLY  EXPLICIT
 PHOTOGRAPHING, FORCING SEXUAL CONTACT OR FORCING SEX WITH A THIRD PARTY.
   (C)  "EMOTIONAL  OR  PSYCHOLOGICAL  ABUSE" MEANS WILLFUL INFLICTION OF
 MENTAL OR EMOTIONAL ANGUISH  BY  THREAT,  HUMILIATION,  INTIMIDATION  OR
 OTHER  ABUSIVE  CONDUCT,  INCLUDING  BUT  NOT LIMITED TO, FRIGHTENING OR
 ISOLATING AN ADULT. EMOTIONAL OR PSYCHOLOGICAL ABUSE  MAY  ALSO  INCLUDE
 THE  INFLICTION OF ANGUISH, PAIN OR DISTRESS THROUGH VERBAL OR NONVERBAL
 ACTS, INCLUDING BUT NOT LIMITED TO VERBAL  ASSAULTS,  INSULTS,  THREATS,
 INTIMIDATION,  HUMILIATION,  AND  HARASSMENT,  INFANTILIZING  A  SENIOR,
 ISOLATING A SENIOR FROM HIS OR HER FAMILY,  FRIENDS  OR  REGULAR  ACTIV-
 ITIES, OR ENFORCED SOCIAL ISOLATION, THE RESULTS OF WHICH MAY BE EVINCED
 BY  IMPAIRMENTS  INCLUDING BUT NOT LIMITED TO THE CAREGIVER'S REFUSAL TO
 ALLOW VISITORS TO SEE A SENIOR ALONE, OR CHANGES IN THE SENIOR'S  BEHAV-
 IOR THAT RESULT IN THE SENIOR BEING EMOTIONALLY UPSET OR AGITATED, BEING
 EXTREMELY  WITHDRAWN  AND  NONCOMMUNICATIVE  OR  NONRESPONSIVE,  UNUSUAL
 BEHAVIOR USUALLY ATTRIBUTED TO DEMENTIA (E.G. SUCKING, BITING, ROCKING).
   (D) NEGLECT, INCLUDING THE REFUSAL OR FAILURE TO FULFILL ANY PART OF A
 PERSON'S OBLIGATIONS OR DUTIES TO A SENIOR, FAILURE OF A PERSON WHO  HAS
 FIDUCIARY  RESPONSIBILITIES  TO PROVIDE CARE FOR A SENIOR OR THE FAILURE
 ON THE PART OF AN IN-HOME SERVICE PROVIDER  TO  PROVIDE  SUCH  NECESSARY
 CARE, INCLUDING THE REFUSAL OR FAILURE TO PROVIDE AN ELDERLY PERSON WITH
 SUCH  LIFE  NECESSITIES  AS  FOOD,  WATER,  CLOTHING,  SHELTER, PERSONAL
 HYGIENE,  MEDICINE,  COMFORT,  PERSONAL  SAFETY,  AND  OTHER  ESSENTIALS
 INCLUDED IN AN IMPLIED OR AGREED-UPON RESPONSIBILITY TO SUCH SENIOR, THE
 RESULTS  OF WHICH MAY BE EVINCED BY SUCH VISIBLE PHYSICAL IMPAIRMENTS AS
 DEHYDRATION,  MALNUTRITION,  UNTREATED  BED  SORES,  AND  POOR  PERSONAL
 HYGIENE,  UNATTENDED  OR  UNTREATED HEALTH PROBLEMS, HAZARDOUS OR UNSAFE
 LIVING CONDITION/ARRANGEMENTS, UNSANITARY AND UNCLEAN LIVING  CONDITIONS
 (E.G.    DIRT, FLEAS, LICE ON PERSON, SOILED BEDDING, FECAL/URINE SMELL,
 INADEQUATE CLOTHING).
   (E) ABANDONMENT, INCLUDING THE DESERTION OF A SENIOR BY AN  INDIVIDUAL
 WHO HAS ASSUMED RESPONSIBILITY FOR PROVIDING CARE FOR SUCH SENIOR, OR BY
 A PERSON WITH PHYSICAL CUSTODY OF A SENIOR, INCLUDING BUT NOT LIMITED TO

 S. 4923                             3
 
 THE  DESERTION  OF  A SENIOR AT A HOSPITAL, A NURSING FACILITY, OR OTHER
 SIMILAR INSTITUTION, OR THE DESERTION OF A SENIOR AT A  SHOPPING  CENTER
 OR OTHER PUBLIC LOCATION; OR A SENIOR'S REPORT OF BEING ABANDONED.
   (F)  FINANCIAL  OR  MATERIAL  EXPLOITATION,  INCLUDING  THE ILLEGAL OR
 IMPROPER USE OF A SENIOR'S FUNDS, PROPERTY, OR ASSETS, INCLUDING WITHOUT
 LIMITATION CASHING A SENIOR'S CHECKS WITHOUT  AUTHORIZATION  OR  PERMIS-
 SION,  FORGING  A  SENIOR'S  SIGNATURE,  MISUSING OR STEALING A SENIOR'S
 MONEY OR POSSESSIONS, COERCING OR DECEIVING  A  SENIOR  INTO  SIGNING  A
 DOCUMENT  SUCH  AS A CONTRACT OR A WILL, OR IMPROPER USE OF CONSERVATOR-
 SHIP, GUARDIANSHIP, OR POWER OF ATTORNEY.
   (G) SELF-NEGLECT, INCLUDING THE BEHAVIOR OF  AN  ELDERLY  PERSON  THAT
 THREATENS HIS OR HER OWN HEALTH OR SAFETY THROUGH THE REFUSAL OR FAILURE
 TO PROVIDE HIMSELF OR HERSELF WITH ADEQUATE FOOD, WATER, CLOTHING, SHEL-
 TER,  PERSONAL  HYGIENE, MEDICATION (WHEN INDICATED), AND SAFETY PRECAU-
 TIONS.
   8. "PERSON LEGALLY RESPONSIBLE FOR A SENIOR" MEANS  AND  INCLUDES  THE
 SENIOR'S CUSTODIAN, GUARDIAN OR ANY OTHER PERSON RESPONSIBLE FORMALLY OR
 INFORMALLY FOR THE SENIOR'S CARE AT THE RELEVANT TIME, ANY PERSON ACTING
 WITH  POWER OF ATTORNEY, TRUSTEE APPOINTED BY A COURT, OR ANY PERSON WHO
 BY CONSENT, CONTRACT OR LEGAL ORDER ACTS TO ARRANGE THE AFFAIRS  OF  THE
 SENIOR.
   9.  "SUBJECT  OF  THE  REPORT"  MEANS A PERSON REPORTED TO THE CENTRAL
 REGISTRY AS BEING ALLEGEDLY RESPONSIBLE FOR CAUSING THE INJURY, ABUSE OR
 MALTREATMENT THAT HAS RESULTED IN A SENIOR BECOMING AN ABUSED SENIOR  OR
 WHO  ALLEGEDLY ALLOWS SUCH INJURY, ABUSE OR MALTREATMENT TO BE INFLICTED
 ON SUCH SENIOR AND WHO IS:
   (A) A PERSON LEGALLY RESPONSIBLE FOR A SENIOR;
   (B) A PERSON, INCLUDING A DIRECTOR, OPERATOR, EMPLOYEE, VOLUNTEER,  OR
 CONTRACTOR,  IN  A  PUBLIC,  PRIVATE, OR NOT-FOR-PROFIT ENTITY PROVIDING
 GOODS OR SERVICES TO A SENIOR PURSUANT TO A CONTRACT OR  OTHER  ARRANGE-
 MENT;
   (C) A PERSON RELATED TO THE SENIOR BY CONSANGUINITY OR AFFINITY; OR
   (D)  A  PERSON  WHO  HAS  GAINED  ACCESS  TO  OR  CONTROL  FORMALLY OR
 INFORMALLY OVER A SENIOR'S FINANCES,  MEDICATION,  LIVING  ARRANGEMENTS,
 SUCH THAT SUCH PERSON MAY CAUSE A SENIOR TO BECOME AN ABUSED SENIOR.
   10.  "OTHER  PERSONS NAMED IN THE REPORT" MEANS PERSONS OTHER THAN THE
 SUBJECT OF THE REPORT WHO ARE NAMED IN A REPORT OF SENIOR  ABUSE.  OTHER
 PERSONS  NAMED  IN  THE  REPORT  SHALL  BE  LIMITED TO THE SENIOR WHO IS
 REPORTED TO THE REGISTRY, AND SUCH SENIOR'S GUARDIAN, CUSTODIAN OR OTHER
 PERSON LEGALLY RESPONSIBLE FOR THE SENIOR WHO HAS NOT BEEN NAMED IN  THE
 REPORT  AS  ALLEGEDLY  RESPONSIBLE  FOR  CAUSING THE SENIOR TO BECOME AN
 ABUSED SENIOR.
   11. AN "UNFOUNDED REPORT" MEANS ANY REPORT MADE PURSUANT TO THIS TITLE
 WHICH IS NOT AN INDICATED REPORT.
   12. AN "INDICATED REPORT" IS A REPORT MADE PURSUANT TO THIS TITLE  FOR
 WHICH  AN  INVESTIGATION DETERMINES THAT CREDIBLE EVIDENCE EXISTS THAT A
 SENIOR IS AN ABUSED SENIOR.
   13. "DIRECTOR" MEANS THE DIRECTOR OF  THE  OFFICE  FOR  THE  AGING  AS
 DESCRIBED IN SECTION TWO HUNDRED ONE OF THIS CHAPTER.
   §  401.  STATEWIDE  CENTRAL REGISTRY ESTABLISHED; REQUIREMENTS. 1. THE
 DIRECTOR SHALL ESTABLISH IN THE OFFICE A STATEWIDE CENTRAL  REGISTRY  TO
 RECEIVE, MAINTAIN, AND PROVIDE APPROPRIATE ACCESS TO REPORTS MADE PURSU-
 ANT TO THIS TITLE CONCERNING THE ABUSE AND MALTREATMENT OF SENIORS.
   2.  SUCH  REGISTRY  SHALL BE CAPABLE OF RECEIVING REPORTS BY TELEPHONE
 CALL, FAX, E-MAIL, AND ANY OTHER FORMS  OF  COMMUNICATION  THE  DIRECTOR
 DEEMS  APPROPRIATE,  ALLEGING THAT A SENIOR HAS BECOME AN ABUSED SENIOR,

 S. 4923                             4
 
 OF IMMEDIATELY IDENTIFYING PRIOR REPORTS OF ABUSE INVOLVING SUCH  SENIOR
 OR OTHER PERSONS NAMED IN THE REPORT, AND SHALL BE CAPABLE OF MONITORING
 THE  PROVISION OF SERVICES TO SUCH SENIOR TWENTY-FOUR HOURS A DAY, SEVEN
 DAYS A WEEK. IN FURTHERANCE OF THESE REQUIREMENTS,
   (A)  THE OFFICE SHALL MAINTAIN STATEWIDE TOLL-FREE TELEPHONE VOICE AND
 FAX NUMBERS AND AN E-MAIL ADDRESS WHICH ANY PERSON, WHETHER MANDATED  BY
 LAW OR NOT, MAY USE TO CONTACT THE REGISTRY TO REPORT AN ALLEGATION THAT
 A SENIOR HAS BECOME AN ABUSED SENIOR.
   (B)  THE  OFFICE  SHALL  ADDITIONALLY  MAINTAIN  AN UNLISTED TELEPHONE
 NUMBER, FAX NUMBER, E-MAIL ADDRESS, AND SUCH OTHER COMMUNICATION  PROTO-
 COLS  AS  THE DIRECTOR DEEMS APPROPRIATE, WHICH ONLY PERSONS MANDATED BY
 THIS CHAPTER MAY USE TO REPORT AN ALLEGATION THAT A SENIOR HAS BECOME AN
 ABUSED SENIOR.
   (C) THE OFFICE SHALL ASSURE THAT THE COMMUNICATION PROTOCOLS  REQUIRED
 BY  THIS  SECTION SHALL BE CAPABLE OF ALLOWING ALL PERSONS AUTHORIZED BY
 THIS TITLE TO DETERMINE THE EXISTENCE OF PRIOR REPORTS IN ORDER TO EVAL-
 UATE THE CONDITION OR CIRCUMSTANCES OF A SENIOR.
   3. INFORMATION MAINTAINED IN THE REGISTRY SHALL  INCLUDE  BUT  NOT  BE
 LIMITED TO:
   (A) THE INITIAL DATE OR DATE OF THE CONTACT WITH THE REGISTRY ALLEGING
 THAT A SENIOR HAS BECOME AN ABUSED SENIOR;
   (B)  THE TIME AND DATE OF THE COMMUNICATION OF SUCH INFORMATION TO THE
 DESIGNATED AGENCY, AND THE TIME AND DATE OF ACKNOWLEDGEMENT  OF  RECEIPT
 BY THE DESIGNATED AGENCY OF SUCH INFORMATION;
   (C) ALL INFORMATION IN THE WRITTEN REPORT REQUIRED BY THIS TITLE;
   (D)  A  RECORD  OF  THE  FINAL  DISPOSITION  OF  THE REPORT, INCLUDING
 SERVICES OFFERED AND SERVICES ACCEPTED;
   (E) THE PLAN FOR REHABILITATIVE TREATMENT;
   (F) NAMES AND IDENTIFYING DATA, DATES AND CIRCUMSTANCES OF ANY  PERSON
 REQUESTING OR RECEIVING INFORMATION FROM THE REGISTRY; AND
   (G) ANY OTHER INFORMATION THE DIRECTOR DEEMS WILL FURTHER THE PURPOSES
 AND INTENT OF THIS TITLE.
   §  402. DISPOSITION OF REPORTS RECEIVED BY THE REGISTRY. 1. THE DIREC-
 TOR SHALL ESTABLISH IN  THE  RULES  AND  REGULATIONS  TO  IMPLEMENT  THE
 REQUIREMENTS  OF  THIS SECTION CRITERIA FOR DETERMINING WHETHER A REPORT
 COULD REASONABLY CONSTITUTE A REPORT OF ABUSE OF A SENIOR. THE INABILITY
 OF A PERSON MAKING A REPORT TO IDENTIFY THE  ALLEGED  PERPETRATOR  SHALL
 NOT  CONSTITUTE A SUFFICIENT REASON FOR THE REGISTRY TO REJECT THE ALLE-
 GATION OR TO FAIL TO TRANSMIT THE ALLEGATION FOR INVESTIGATION.
   2. WHEN AN  ALLEGATION  REPORTED  TO  THE  REGISTRY  COULD  REASONABLY
 CONSTITUTE A REPORT OF ABUSE OF A SENIOR, SUCH ALLEGATION SHALL BE TRAN-
 SMITTED  BY  THE  FASTEST MEANS POSSIBLE BY THE OFFICE TO THE DESIGNATED
 AGENCY FOR INVESTIGATION.
   3. IF THE RECORDS INDICATE A PREVIOUS REPORT CONCERNING A  SUBJECT  OF
 THE  REPORT, OTHER PERSONS NAMED IN THE REPORT OR OTHER PERTINENT INFOR-
 MATION, THE DESIGNATED AGENCY SHALL BE NOTIFIED OF THE FACT.
   4. IRRESPECTIVE OF WHETHER A REPORT REASONABLY CONSTITUTES A REPORT OF
 ABUSE OF A SENIOR,
   (A) IF A REPORT COULD REASONABLY CONSTITUTE A CRIME OR  COULD  REASON-
 ABLY  BE  CONSTRUED AS POSING AN IMMEDIATE THREAT TO THE SENIOR'S HEALTH
 OR SAFETY, THE OFFICE SHALL CONVEY BY THE MOST EXPEDIENT MEANS AVAILABLE
 THE INFORMATION TO THE  APPROPRIATE  LAW  ENFORCEMENT  AGENCY,  DISTRICT
 ATTORNEY  OR OTHER PUBLIC OFFICIAL EMPOWERED TO PROVIDE NECESSARY AID OR
 ASSISTANCE.
   (B) IF A REPORT COULD REASONABLY CONSTITUTE INSTITUTIONAL NEGLECT OF A
 SENIOR IN RESIDENTIAL CARE, THE OFFICE SHALL CONVEY BY THE MOST  EXPEDI-

 S. 4923                             5
 
 ENT  MEANS AVAILABLE THE INFORMATION TO THE STATE AGENCY RESPONSIBLE FOR
 THE OPERATION OR SUPERVISION OF THE RESIDENTIAL FACILITY OR PROGRAM AND,
 IN THE CASE OF A FACILITY OPERATED OR CERTIFIED  BY  AN  OFFICE  OF  THE
 DEPARTMENT OF MENTAL HYGIENE, TO THE STATE COMMISSION ON QUALITY OF CARE
 FOR THE MENTALLY DISABLED, FOR APPROPRIATE ACTION.
   5.  REPORTS  AND  RECORDS  MADE  PURSUANT TO THIS TITLE, INCLUDING ANY
 PREVIOUS REPORT CONCERNING A SUBJECT OF THE REPORT, OTHER PERSONS  NAMED
 IN  THE  REPORT  OR  OTHER  PERTINENT INFORMATION, INVOLVING SENIORS WHO
 RESIDE IN A FACILITY LICENSED OR OPERATED BY THE OFFICE OF MENTAL HEALTH
 OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, SHALL BE TRAN-
 SMITTED IMMEDIATELY BY THE REGISTRY TO THE COMMISSION ON QUALITY OF CARE
 FOR THE MENTALLY DISABLED, WHICH SHALL COMMENCE AN APPROPRIATE  INVESTI-
 GATION IN ACCORDANCE WITH THE MENTAL HYGIENE LAW.
   § 403. AVAILABILITY OF REPORTS. 1. REPORTS MADE PURSUANT TO THIS TITLE
 AS  WELL AS ANY OTHER INFORMATION OBTAINED, INCLUDING REPORTS WRITTEN OR
 PHOTOGRAPHS TAKEN CONCERNING SUCH REPORTS WHICH ARE IN THE POSSESSION OF
 THE OFFICE, DESIGNATED AGENCIES, OR THE COMMISSION ON  QUALITY  OF  CARE
 FOR  THE MENTALLY DISABLED, SHALL BE CONFIDENTIAL AND SHALL ONLY BE MADE
 AVAILABLE TO:
   (A) A PHYSICIAN WHO, EXAMINING OR HAVING EXAMINED A SENIOR, REASONABLY
 SUSPECTS THAT SUCH SENIOR MAY BE AN ABUSED OR MALTREATED SENIOR;
   (B) A PERSON AUTHORIZED TO PLACE A SENIOR IN PROTECTIVE  CUSTODY  WHEN
 SUCH  PERSON  HAS  BEFORE  HIM OR HER A SENIOR WHOM HE OR SHE REASONABLY
 SUSPECTS MAY BE AN ABUSED OR MALTREATED SENIOR AND SUCH PERSON  REQUIRES
 THE  INFORMATION  TO DETERMINE WHETHER TO PLACE THE SENIOR IN PROTECTIVE
 CUSTODY;
   (C) A DULY AUTHORIZED AGENCY HAVING RESPONSIBILITY  FOR  THE  CARE  OR
 SUPERVISION OF A SENIOR WHO IS REPORTED TO THE REGISTRY;
   (D)  A  PERSON WHO IS THE SUBJECT OF THE REPORT OR OTHER PERSONS NAMED
 IN THE REPORT;
   (E) A COURT, UPON A FINDING THAT  THE  INFORMATION  IS  NECESSARY  FOR
 DETERMINATION OF AN ISSUE BEFORE THE COURT;
   (F) A GRAND JURY, UPON A FINDING THAT THE INFORMATION IS NECESSARY FOR
 DETERMINATION OF CHARGES BEFORE THE GRAND JURY; AND
   (G) AN APPROPRIATE STATE LEGISLATIVE COMMITTEE RESPONSIBLE FOR PROTEC-
 TIVE LEGISLATION OF SENIORS.
   2.  RULES  AND  REGULATIONS  OF THE DIRECTOR SHALL ESTABLISH A LIST OF
 SUCH OTHER PERSONS, AGENCIES, INVESTIGATIVE BODIES, AND  AUDITING  ENTI-
 TIES  THAT  MAY  BE  GIVEN  ACCESS  TO THE REGISTRY, AND SHALL ESTABLISH
 REQUIREMENTS FOR CONFIDENTIALITY, LIMITATIONS ON RE-DISCLOSURE OF INFOR-
 MATION, AND SUCH OTHER REQUIREMENTS  AND  LIMITATIONS  AS  THE  DIRECTOR
 SHALL DEEM NECESSARY.
   3.  ANY  INCONSISTENT  PROVISION  OF  ANY  OTHER  LAW  TO THE CONTRARY
 NOTWITHSTANDING, THE DIRECTOR MAY WITHHOLD ALL OR PART OF  ANY  INFORMA-
 TION WHICH HE OR SHE IS AUTHORIZED TO MAKE AVAILABLE TO PERSONS OR AGEN-
 CIES IDENTIFIED IN THIS SECTION OR IDENTIFIED BY RULE AND REGULATION, IF
 THE  DIRECTOR  DETERMINES  THAT  SUCH  INFORMATION IS NOT RELATED TO THE
 PURPOSES FOR WHICH SUCH INFORMATION IS REQUESTED OR THAT DISCLOSURE WILL
 BE DETRIMENTAL TO THE SENIOR NAMED IN THE REPORT.
   4. IF A PERSON OR AGENCY IDENTIFIED IN THIS SECTION, OR  BY  RULE  AND
 REGULATION  OF  THE DIRECTOR, AS ONE TO WHOM ACCESS TO REPORTS AND OTHER
 INFORMATION SHALL BE GRANTED, IS DENIED  SUCH  ACCESS,  SUCH  PERSON  OR
 AGENCY  MAY  BRING  A  PROCEEDING  FOR REVIEW OF SUCH DENIAL PURSUANT TO
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   5. NOTHING CONTAINED IN THIS ARTICLE  SHALL  BE  CONSTRUED  TO  PERMIT
 RELEASE,  DISCLOSURE  OR  IDENTIFICATION  OF  THE  NAMES  OR IDENTIFYING

 S. 4923                             6
 
 DESCRIPTIONS OF PERSONS WHO REPORT SUSPECTED ABUSE OR MALTREATMENT OF  A
 SENIOR TO THE REGISTRY OR SUCH PERSON'S PLACE OF EMPLOYMENT OR WITH WHOM
 THEY  HAVE  AN  ASSOCIATION  OTHER THAN EMPLOYMENT WITHOUT SUCH PERSON'S
 WRITTEN  PERMISSION  EXCEPT  TO SUCH PERSONS, OFFICIALS, AND AGENCIES AS
 THE DIRECTOR DETERMINES IN RULE AND REGULATION.
   § 404. RELEASE OF INFORMATION. 1. INFORMATION  CONCERNING  REPORTS  OR
 INVESTIGATIONS  MAY BE RELEASED TO THE PUBLIC ONLY BY PERSONS DESIGNATED
 IN THE RULES AND REGULATIONS OF THE DIRECTOR TO  RELEASE  SUCH  INFORMA-
 TION.   INFORMATION THAT MAY BE PROVIDED SHALL BE LIMITED TO THE FOLLOW-
 ING:
   (A) IF A REQUEST FOR INFORMATION IS MADE PRIOR TO THE COMPLETION OF AN
 INVESTIGATION OF A REPORT, THE RELEASED INFORMATION SHALL BE LIMITED  TO
 WHETHER THE REPORT IS "INDICATED", "UNFOUNDED" OR "UNDER INVESTIGATION",
 AS THE CASE MAY BE.
   (B)  IF THE REQUEST FOR INFORMATION IS MADE AFTER THE COMPLETION OF AN
 INVESTIGATION OF A REPORT, THE RELEASED INFORMATION SHALL BE LIMITED  TO
 WHETHER THE REPORT IS "INDICATED" OR "UNFOUNDED," AS THE CASE MAY BE.
   2.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 THE DIRECTOR OR A DESIGNATED AGENCY DIRECTOR  MAY  DISCLOSE  INFORMATION
 REGARDING  THE  ABUSE  OR  MALTREATMENT OF A SENIOR AS SET FORTH IN THIS
 SECTION, AND THE INVESTIGATION THEREOF AND ANY SERVICES RELATED  THERETO
 IF  HE  OR  SHE DETERMINES THAT SUCH DISCLOSURE SHALL NOT BE CONTRARY TO
 THE BEST INTERESTS OF THE SENIOR, AND ANY ONE OF THE  FOLLOWING  FACTORS
 ARE PRESENT:
   (A)  THE  SUBJECT  OF  THE  REPORT  HAS  BEEN CHARGED IN AN ACCUSATORY
 INSTRUMENT WITH COMMITTING A CRIME RELATED TO A REPORT MAINTAINED IN THE
 REGISTRY; OR
   (B) THE INVESTIGATION OF THE ABUSE OR MALTREATMENT BY  THE  DESIGNATED
 AGENCY  OR  THE  PROVISION OF SERVICES BY SUCH SERVICE HAS BEEN PUBLICLY
 DISCLOSED IN A REPORT REQUIRED TO BE DISCLOSED IN THE  COURSE  OF  THEIR
 OFFICIAL  DUTIES,  BY  A  LAW ENFORCEMENT AGENCY OR OFFICIAL, A DISTRICT
 ATTORNEY, ANY OTHER STATE OR LOCAL INVESTIGATIVE AGENCY OR  OFFICIAL  OR
 BY JUDGE OF THE UNIFIED COURT SYSTEM; OR
   (C) THERE HAS BEEN A PRIOR KNOWING, VOLUNTARY, PUBLIC DISCLOSURE BY AN
 INDIVIDUAL  CONCERNING  A  REPORT OF ABUSE OR MALTREATMENT IN WHICH SUCH
 INDIVIDUAL IS NAMED AS THE SUBJECT OF THE REPORT; OR
   (D) THE SENIOR IN THE REPORT HAS DIED OR THE REPORT INVOLVES THE  NEAR
 FATALITY  OF A SENIOR. FOR THE PURPOSES OF THIS SECTION, "NEAR FATALITY"
 MEANS AN ACT THAT RESULTS IN THE SENIOR BEING PLACED, AS CERTIFIED BY  A
 PHYSICIAN, IN SERIOUS OR CRITICAL CONDITION.
   3.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING INFORMATION MAY BE
 DISCLOSED:
   (A) THE NAME OF THE ABUSED OR MALTREATED SENIOR;
   (B) THE DETERMINATION BY THE DESIGNATED AGENCY  OR  THE  STATE  AGENCY
 WHICH  INVESTIGATED THE REPORT AND THE FINDINGS OF THE APPLICABLE INVES-
 TIGATING AGENCY UPON WHICH SUCH DETERMINATION WAS BASED;
   (C) IDENTIFICATION OF SERVICES PROVIDED OR ACTIONS TAKEN REGARDING THE
 SENIOR NAMED IN THE REPORT AS A RESULT OF ANY SUCH REPORT OR REPORTS;
   (D) WHETHER ANY REPORT OF ABUSE OR MALTREATMENT REGARDING SUCH  SENIOR
 HAS BEEN "INDICATED" AS MAINTAINED BY THE REGISTRY;
   (E)  ACTIONS  TAKEN BY THE DESIGNATED AGENCY IN RESPONSE TO REPORTS OF
 ABUSE OR MALTREATMENT TO THE  REGISTRY  INCLUDING  BUT  NOT  LIMITED  TO
 ACTIONS  TAKEN  AFTER  EACH AND EVERY REPORT OF ABUSE OR MALTREATMENT OF
 SUCH SENIOR AND THE DATES OF SUCH REPORTS;

 S. 4923                             7
 
   (F) WHETHER THE SENIOR HAS RECEIVED CARE OR SERVICES FROM  THE  DESIG-
 NATED  AGENCY PRIOR TO EACH AND EVERY REPORT OF ABUSE OR MALTREATMENT OF
 SUCH SENIOR; AND
   (G)  ANY EXTRAORDINARY OR PERTINENT INFORMATION CONCERNING THE CIRCUM-
 STANCES OF THE ABUSE OR MALTREATMENT OF THE SENIOR AND THE INVESTIGATION
 THEREOF, WHERE THE DIRECTOR DETERMINES  SUCH  DISCLOSURE  IS  CONSISTENT
 WITH THE PUBLIC INTEREST.
   4. INFORMATION MAY BE DISCLOSED PURSUANT TO THIS SECTION AS FOLLOWS:
   (A)  INFORMATION RELEASED PRIOR TO THE COMPLETION OF THE INVESTIGATION
 OF A REPORT SHALL BE LIMITED TO A STATEMENT  THAT  A  REPORT  IS  "UNDER
 INVESTIGATION";
   (B)  WHEN  THERE HAS BEEN A PRIOR DISCLOSURE PURSUANT TO THIS SUBDIVI-
 SION, INFORMATION RELEASED IN A  CASE  IN  WHICH  THE  REPORT  HAS  BEEN
 UNFOUNDED  SHALL BE LIMITED TO THE STATEMENT THAT "THE INVESTIGATION HAS
 BEEN COMPLETED, AND THE REPORT HAS BEEN UNFOUNDED";
   (C) IF THE  REPORT  HAS  BEEN  "INDICATED"  THEN  INFORMATION  MAY  BE
 RELEASED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   5.  ANY  DISCLOSURE  OF INFORMATION PURSUANT TO THIS SECTION SHALL NOT
 IDENTIFY OR PROVIDE AN IDENTIFYING DESCRIPTION  OF  THE  SOURCE  OF  THE
 REPORT,  AND SHALL NOT IDENTIFY THE NAME OF THE PERSON LEGALLY RESPONSI-
 BLE FOR THE SENIOR OR ANY OTHER MEMBERS OF THE SENIOR'S HOUSEHOLD, OTHER
 THAN THE SUBJECT OF THE REPORT.
   6. IN DETERMINING WHETHER DISCLOSURE WILL  BE  CONTRARY  TO  THE  BEST
 INTERESTS  OF  THE  SENIOR, THE DIRECTOR OR A DESIGNATED AGENCY DIRECTOR
 SHALL CONSIDER THE INTEREST IN PRIVACY OF THE SENIOR  AND  THE  SENIOR'S
 FAMILY  AND  THE EFFECTS WHICH DISCLOSURE MAY HAVE ON EFFORTS TO PROVIDE
 SERVICES.
   7. WHENEVER A DISCLOSURE OF  INFORMATION  IS  MADE  PURSUANT  TO  THIS
 SECTION,  THE  DESIGNATED AGENCY DIRECTOR SHALL MAKE A WRITTEN STATEMENT
 PRIOR TO DISCLOSING SUCH INFORMATION TO THE CHIEF COUNTY EXECUTIVE OFFI-
 CER WHERE THE INCIDENT OCCURRED SETTING FORTH THE CRITERIA UPON WHICH HE
 OR SHE IS BASING SUCH DISCLOSURE.
   8. EXCEPT AS IT  APPLIES  DIRECTLY  TO  THE  CAUSE  OF  THE  ABUSE  OR
 MALTREATMENT  OF  THE SENIOR, NOTHING IN THIS SECTION SHALL BE DEEMED TO
 AUTHORIZE THE RELEASE OR DISCLOSURE OF THE SUBSTANCE OR CONTENT  OF  ANY
 PSYCHOLOGICAL,  PSYCHIATRIC,  THERAPEUTIC,  CLINICAL OR MEDICAL REPORTS,
 EVALUATIONS OR LIKE MATERIALS OR INFORMATION PERTAINING TO  SUCH  SENIOR
 OR  THE  SENIOR'S  FAMILY.  PRIOR  TO  THE  RELEASE OR DISCLOSURE OF ANY
 PSYCHOLOGICAL, PSYCHIATRIC OR THERAPEUTIC REPORTS, EVALUATIONS  OR  LIKE
 MATERIALS  OR INFORMATION PURSUANT TO THIS SUBDIVISION, THE LOCAL SOCIAL
 SERVICES DIRECTOR SHALL CONSULT WITH THE PERSONNEL OF THE DEPARTMENT  OF
 MENTAL HYGIENE.
   §  405.  UNFOUNDED  REPORTS.  1.  UNLESS  AN INVESTIGATION OF A REPORT
 CONDUCTED PURSUANT TO THIS  TITLE  DETERMINES  THAT  THERE  IS  CREDIBLE
 EVIDENCE OF THE ALLEGED ABUSE OR MALTREATMENT, ALL INFORMATION IDENTIFY-
 ING  THE  SUBJECTS  OF  THE REPORT AND OTHER PERSONS NAMED IN THE REPORT
 SHALL BE LEGALLY SEALED BY THE REGISTRY AND ANY DESIGNATED  AGENCIES  OR
 THE  STATE AGENCY WHICH INVESTIGATED THE REPORT, AND THE REPORT SHALL BE
 DEEMED "UNFOUNDED". SUCH UNFOUNDED REPORTS MAY ONLY BE UNSEALED AND MADE
 AVAILABLE TO SUCH PERSONS AND ENTITIES AS SHALL BE  ESTABLISHED  BY  THE
 DIRECTOR  IN  RULES  AND  REGULATIONS  FOR  SUCH PURPOSES AS REVIEW OF A
 FATALITY OR INVESTIGATION OF A SUBSEQUENT REPORT OF SUSPECTED  ABUSE  OR
 MALTREATMENT INVOLVING A SUBJECT OF THE UNFOUNDED REPORT. SUCH UNFOUNDED
 REPORTS  MAY  BE MADE AVAILABLE TO THE FOLLOWING PERSONS AND ENTITIES: A
 SENIOR NAMED IN THE UNFOUNDED REPORT; OTHER PERSONS NAMED IN THE REPORT;
 THE SUBJECT OF THE REPORT; A DISTRICT  ATTORNEY  OR  A  STATE  OR  LOCAL

 S. 4923                             8

 POLICE  OFFICER WHEN SUCH OFFICIAL VERIFIES THAT THE REPORT IS NECESSARY
 TO CONDUCT AN ACTIVE CRIMINAL INVESTIGATION OR FOR PROSECUTION OF  ELDER
 ABUSE;  OR  OTHER  PERSONS IN KEEPING WITH THE SPIRIT AND INTENT OF THIS
 SECTION  AS  SHALL  BE  DETERMINED  IN  THE RULES AND REGULATIONS OF THE
 DIRECTOR REQUIRED TO IMPLEMENT THIS SECTION.
   2. PERSONS GIVEN ACCESS TO SUCH UNFOUNDED REPORTS SHALL NOT REDISCLOSE
 SUCH REPORTS EXCEPT AS NECESSARY TO CONDUCT APPROPRIATE INVESTIGATION OR
 PROSECUTION AND SHALL REQUEST OF THE  COURT  THAT  ANY  COPIES  OF  SUCH
 REPORTS  PRODUCED  IN  ANY  COURT  PROCEEDINGS BE REDACTED TO REMOVE THE
 NAMES OF THE SUBJECTS AND OTHER PERSONS NAMED IN THE REPORTS OR THAT THE
 COURT ISSUE AN ORDER PROTECTING THE NAMES  OF  THE  SUBJECTS  AND  OTHER
 PERSONS NAMED IN THE REPORTS FROM PUBLIC DISCLOSURE.
   3. AN UNFOUNDED REPORT SHALL NOT BE ADMISSIBLE IN A JUDICIAL OR ADMIN-
 ISTRATIVE  PROCEEDING  OR ACTION; PROVIDED, HOWEVER, AN UNFOUNDED REPORT
 MAY BE INTRODUCED INTO EVIDENCE:
   (A) BY THE SUBJECT OF THE REPORT WHERE SUCH SUBJECT IS A RESPONDENT IN
 A JUDICIAL PROCEEDING PERTAINING TO THE ALLEGATION MADE IN  THE  REPORT,
 OR IS A PLAINTIFF OR PETITIONER IN A CIVIL ACTION OR PROCEEDING ALLEGING
 THE FALSE REPORTING OF SENIOR ABUSE OR MALTREATMENT; OR
   (B) IN A CRIMINAL COURT FOR THE PURPOSE OF PROSECUTING A CRIME AGAINST
 A  SENIOR.  LEGALLY SEALED UNFOUNDED REPORTS SHALL BE EXPUNGED TEN YEARS
 AFTER THE RECEIPT OF THE REPORT. WHENEVER  THE  OFFICE  DETERMINES  THAT
 THERE  IS SOME CREDIBLE EVIDENCE OF ABUSE OR MALTREATMENT AS A RESULT OF
 AN INVESTIGATION OF A REPORT CONDUCTED PURSUANT TO  THE  MENTAL  HYGIENE
 LAW,  THE  OFFICE SHALL NOTIFY THE COMMISSION ON QUALITY OF CARE FOR THE
 MENTALLY DISABLED.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE OFFICE MAY  IN  ITS
 DISCRETION GRANT A REQUEST TO EXPUNGE AN UNFOUNDED REPORT WHERE: (A) THE
 SOURCE  OF  THE  REPORT WAS CONVICTED OF A VIOLATION OF THE PENAL LAW IN
 REGARD TO SUCH REPORT; OR (B) THE SUBJECT OF THE REPORT  PRESENTS  CLEAR
 AND  CONVINCING  EVIDENCE  THAT  AFFIRMATIVELY REFUTES THE ALLEGATION OF
 ABUSE OR MALTREATMENT; PROVIDED HOWEVER, THAT THE  ABSENCE  OF  CREDIBLE
 EVIDENCE SUPPORTING THE ALLEGATION OF ABUSE OR MALTREATMENT SHALL NOT BE
 THE  SOLE  BASIS  TO  EXPUNGE  THE REPORT. NOTHING IN THIS SECTION SHALL
 REQUIRE THE OFFICE TO CONDUCT  AN  ADMINISTRATIVE  HEARING  IN  DECIDING
 WHETHER  TO  EXPUNGE  A  REPORT. THE OFFICE SHALL MAKE ITS DETERMINATION
 UPON REVIEWING THE WRITTEN EVIDENCE SUBMITTED  BY  THE  SUBJECT  OF  THE
 REPORT  AND  ANY RECORDS OR INFORMATION OBTAINED FROM THE STATE OR LOCAL
 AGENCY WHICH INVESTIGATED THE ALLEGATIONS OF ABUSE OR MALTREATMENT.
   5. IN ANY CASE AND AT ANY TIME, THE DIRECTOR MAY AMEND ANY RECORD UPON
 GOOD CAUSE SHOWN AND NOTICE TO THE SUBJECTS  OF  THE  REPORT  AND  OTHER
 PERSONS NAMED IN THE REPORT.
   6.  AT  ANY TIME, A SUBJECT OF A REPORT AND OTHER PERSONS NAMED IN THE
 REPORT MAY RECEIVE, UPON REQUEST, A COPY OF ALL INFORMATION CONTAINED IN
 THE REGISTRY; PROVIDED, HOWEVER, THAT  THE  DIRECTOR  IS  AUTHORIZED  TO
 PROHIBIT THE RELEASE OF DATA THAT WOULD IDENTIFY THE PERSON WHO MADE THE
 REPORT  OR  WHO  COOPERATED IN A SUBSEQUENT INVESTIGATION OR THE AGENCY,
 INSTITUTION, ORGANIZATION, PROGRAM OR OTHER ENTITY WHERE SUCH PERSON  IS
 EMPLOYED  OR WITH WHICH HE OR SHE IS ASSOCIATED, WHICH HE OR SHE REASON-
 ABLY FINDS WILL BE DETRIMENTAL  TO  THE  SAFETY  OR  INTERESTS  OF  SUCH
 PERSON.
   7.  AT  ANY TIME SUBSEQUENT TO THE COMPLETION OF THE INVESTIGATION BUT
 IN NO EVENT LATER THAN NINETY DAYS AFTER THE SUBJECT OF  THE  REPORT  IS
 NOTIFIED THAT THE REPORT IS INDICATED THE SUBJECT MAY REQUEST THE DIREC-
 TOR  TO  AMEND  THE RECORD OF THE REPORT. IF THE DIRECTOR DOES NOT AMEND
 THE REPORT IN ACCORDANCE WITH SUCH REQUEST WITHIN NINETY DAYS OF RECEIV-

 S. 4923                             9
 
 ING THE REQUEST, THE SUBJECT SHALL HAVE THE RIGHT  TO  A  FAIR  HEARING,
 CONDUCTED  IN ACCORDANCE WITH THIS SUBDIVISION, TO DETERMINE WHETHER THE
 RECORD OF THE REPORT IN THE REGISTRY SHOULD BE AMENDED  ON  THE  GROUNDS
 THAT IT IS INACCURATE OR IT IS BEING MAINTAINED IN A MANNER INCONSISTENT
 WITH THIS TITLE.
   (A)  IF  IT  IS  DETERMINED  AFTER  REVIEW  THAT  THERE IS NO CREDIBLE
 EVIDENCE IN THE RECORD TO FIND THAT THE SUBJECT COMMITTED AN ACT OR ACTS
 OF SENIOR ABUSE OR MALTREATMENT, THE OFFICE SHALL AMEND  THE  RECORD  TO
 INDICATE  THAT  THE  REPORT IS "UNFOUNDED" AND NOTIFY THE SUBJECT FORTH-
 WITH.
   (B) IF THE OFFICE DOES NOT AMEND THE RECORD IN  ACCORDANCE  WITH  SUCH
 REQUEST  AND THE PROVISIONS OF THIS SUBDIVISION, THE OFFICE SHALL SCHED-
 ULE A FAIR HEARING AND SHALL PROVIDE NOTICE  OF  THE  SCHEDULED  HEARING
 DATE TO THE SUBJECT, THE REGISTRY AND, AS APPROPRIATE, TO THE DESIGNATED
 AGENCY  OR THE STATE AGENCY WHICH INVESTIGATED THE REPORT. THE BURDEN OF
 PROOF IN SUCH A HEARING SHALL BE ON THE DESIGNATED AGENCY OR  THE  STATE
 AGENCY WHICH INVESTIGATED THE REPORT, AS THE CASE MAY BE.
   (I)  A COURT FINDING OF ABUSE OR NEGLECT AGAINST THE SUBJECT IN REGARD
 TO AN ALLEGATION CONTAINED IN THE REPORT SHALL  CREATE  AN  IRREBUTTABLE
 PRESUMPTION  THAT  SAID  ALLEGATION  IS  SUBSTANTIATED  BY SOME CREDIBLE
 EVIDENCE.
   (II) IF IT IS DETERMINED AT THE FAIR HEARING THAT THERE IS NO CREDIBLE
 EVIDENCE IN THE RECORD TO FIND THAT THE SUBJECT COMMITTED AN ACT OR ACTS
 OF ABUSE OR MALTREATMENT OF A SENIOR, THE OFFICE SHALL AMEND THE  RECORD
 TO  REFLECT  THAT SUCH A FINDING WAS MADE AT THE ADMINISTRATIVE HEARING,
 ORDER ANY DESIGNATED AGENCY  OR  STATE  AGENCY  WHICH  INVESTIGATED  THE
 REPORT  TO  SIMILARLY  AMEND ITS RECORDS OF THE REPORT, AND SHALL NOTIFY
 THE SUBJECT FORTHWITH OF THE DETERMINATION.
   (C) THE DIRECTOR OR HIS OR HER  DESIGNATED  AGENT  IS  AUTHORIZED  AND
 EMPOWERED  TO  MAKE  ANY APPROPRIATE ORDER RESPECTING THE AMENDMENT OF A
 RECORD TO MAKE IT ACCURATE OR CONSISTENT WITH THE REQUIREMENTS  OF  THIS
 SECTION.
   (D)  SHOULD  THE OFFICE GRANT THE REQUEST OF THE SUBJECT OF THE REPORT
 PURSUANT TO THIS SUBDIVISION EITHER THROUGH AN ADMINISTRATIVE REVIEW  OR
 FAIR  HEARING  TO AMEND AN INDICATED REPORT TO AN UNFOUNDED REPORT, SUCH
 REPORT SHALL BE LEGALLY SEALED AND SHALL BE  RELEASED  AND  EXPUNGED  IN
 ACCORDANCE WITH THE STANDARDS SET FORTH IN THIS SECTION.
   8.  WRITTEN NOTICE OF ANY EXPUNGEMENT OR AMENDMENT OF ANY RECORD, MADE
 PURSUANT TO THIS TITLE, SHALL BE SERVED FORTHWITH UPON EACH  SUBJECT  OF
 SUCH  RECORD,  OTHER PERSONS NAMED IN THE REPORT, THE DIRECTOR, AND SUCH
 OTHER PERSONS AND AGENCIES THE  DIRECTOR  SHALL  DEEM  APPROPRIATE.  THE
 DESIGNATED  AGENCY  OR  THE  STATE AGENCY WHICH INVESTIGATED THE REPORT,
 UPON RECEIPT OF SUCH NOTICE, SHALL TAKE THE APPROPRIATE  SIMILAR  ACTION
 IN  REGARD TO ITS REGISTRY AND RECORDS AND INFORM, FOR THE SAME PURPOSE,
 ANY OTHER AGENCY WHICH RECEIVED SUCH RECORD.
   § 406. PENALTY FOR UNAUTHORIZED DISCLOSURE. UNAUTHORIZED DISCLOSURE BY
 ANY PARTY OF INFORMATION OBTAINED FROM THE REGISTRY SHALL BE A  CLASS  A
 MISDEMEANOR.
   §  407. PERSONS REQUIRED TO REPORT SUSPECTED SENIOR ABUSE OR MALTREAT-
 MENT. 1. THE FOLLOWING PERSONS ARE REQUIRED TO REPORT OR CAUSE A  REPORT
 TO  BE  MADE  IN  ACCORDANCE WITH THIS TITLE WHEN, WHILE ACTING IN THEIR
 PROFESSIONAL OR OFFICIAL CAPACITY, THEY HAVE REASONABLE CAUSE TO SUSPECT
 THAT A SENIOR COMING BEFORE THEM IS AN ABUSED SENIOR, OR WHEN THEY  HAVE
 REASONABLE  CAUSE TO SUSPECT THAT A SENIOR IS AN ABUSED SENIOR WHERE THE
 PERSON LEGALLY RESPONSIBLE FOR SUCH SENIOR COMES BEFORE THEM AND  STATES

 S. 4923                            10
 
 FROM  PERSONAL  KNOWLEDGE  FACTS,  CONDITIONS OR CIRCUMSTANCES WHICH, IF
 CORRECT, WOULD RENDER THE SENIOR AN ABUSED SENIOR:
   (A) ANY HEALTH CARE WORKER, INCLUDING ANY PHYSICIAN, PHYSICIAN ASSIST-
 ANT,  SURGEON,  MEDICAL  EXAMINER,  CORONER,  DENTIST, DENTAL HYGIENIST,
 OSTEOPATH,  OPTOMETRIST,  CHIROPRACTOR,  PODIATRIST,  RESIDENT,  INTERN,
 PSYCHOLOGIST,  REGISTERED  NURSE,  EMERGENCY  MEDICAL TECHNICIAN, OR ANY
 HOSPITAL OR NURSING HOME PERSONNEL ENGAGED IN  THE  ADMISSION,  EXAMINA-
 TION,  CARE  OR TREATMENT OF PERSONS, OR ANY OTHER HEALTH CARE OR HEALTH
 SERVICES  PRACTITIONER,  INCLUDING  A  CHRISTIAN  SCIENCE  PRACTITIONER,
 ACUPUNCTURIST, OR OTHER SUCH PERSON;
   (B) ANY SOCIAL WORKER, SOCIAL SERVICES WORKER, DAY CARE CENTER WORKER,
 OR ANY PROVIDER OF FAMILY OR GROUP FAMILY DAY CARE;
   (C)  ANY  MENTAL HEALTH PROFESSIONAL; SUBSTANCE ABUSE COUNSELOR; ALCO-
 HOLISM COUNSELOR;
   (D) ANY PERSON, INCLUDING A DIRECTOR, OPERATOR,  EMPLOYEE,  VOLUNTEER,
 OR  CONTRACTOR,  IN  A PUBLIC, PRIVATE, OR NOT-FOR-PROFIT FACILITY WHICH
 PROVIDES CARE TO ONE OR MORE SENIORS AND WHICH IS LICENSED OR REGISTERED
 PURSUANT TO THE PROVISIONS OF THE  PUBLIC  HEALTH  LAW,  OR  THE  SOCIAL
 SERVICES LAW;
   (E)  ANY PEACE OFFICER, POLICE OFFICER, DISTRICT ATTORNEY OR ASSISTANT
 DISTRICT ATTORNEY, INVESTIGATOR EMPLOYED IN THE  OFFICE  OF  A  DISTRICT
 ATTORNEY OR OTHER LAW ENFORCEMENT OFFICIAL;
   (F)  ANY  BANKER,  FINANCIAL  CONSULTANT,  ATTORNEY, OR PARALEGAL WITH
 ACCESS TO A SENIOR'S FINANCIAL RECORDS OR RESOURCES OR  LEGAL  DOCUMENTS
 OR WHO POSSESSES POWER OF ATTORNEY FOR SUCH SENIOR.
   THE DIRECTOR SHALL FURTHER DEFINE AND ENUMERATE IN REGULATIONS PERSONS
 AND  OCCUPATIONS  WHICH  ARE REQUIRED TO REPORT WHEN THEY SUSPECT THAT A
 SENIOR HAS BECOME AN ABUSED SENIOR.
   2. A PERSON REQUIRED TO REPORT UNDER THIS TITLE IN HIS OR HER CAPACITY
 AS A MEMBER OF THE STAFF OF A MEDICAL OR OTHER PUBLIC OR PRIVATE  INSTI-
 TUTION, FACILITY OR AGENCY SHALL ADDITIONALLY AND IMMEDIATELY NOTIFY THE
 PERSON  IN CHARGE OF SUCH INSTITUTION, FACILITY OR AGENCY, OR HIS OR HER
 DESIGNATED AGENT, WHO THEN ALSO SHALL BECOME RESPONSIBLE  TO  REPORT  OR
 CAUSE  REPORTS TO BE MADE, PROVIDED HOWEVER THAT NOTHING IN THIS SECTION
 SHALL REQUIRE MORE THAN ONE REPORT FROM ANY SUCH INSTITUTION OR  AGENCY.
 AT  THE  TIME OF MAKING A REPORT, OR AT ANY TIME THEREAFTER, SUCH PERSON
 OR OFFICIAL MAY REQUEST THE FINDINGS OF AN INVESTIGATION  MADE  PURSUANT
 TO THIS TITLE.
   §  408.  ANY  PERSON  PERMITTED  TO REPORT. IN ADDITION TO PERSONS AND
 OFFICIALS REQUIRED TO REPORT SUSPECTED SENIOR  ABUSE  PURSUANT  TO  THIS
 CHAPTER, ANY PERSON MAY MAKE SUCH A REPORT IF SUCH PERSON HAS REASONABLE
 CAUSE TO SUSPECT THAT A SENIOR IS AN ABUSED SENIOR.
   §  409. REPORTING PROCEDURE. 1. REPORTS OF SUSPECTED ABUSE MADE PURSU-
 ANT TO THIS TITLE SHALL BE MADE IMMEDIATELY BY TELEPHONE, FAX, E-MAIL OR
 ANY OTHER COMMUNICATION PROTOCOL ON A FORM  SUPPLIED  BY  THE  DIRECTOR.
 ORAL REPORTS SHALL BE FOLLOWED BY A REPORT IN WRITING WITHIN FORTY-EIGHT
 HOURS AFTER SUCH ORAL REPORT.
   2.  WRITTEN  REPORTS  SHALL  BE  MADE IN A MANNER PRESCRIBED BY AND ON
 FORMS SUPPLIED BY THE DIRECTOR AND SHALL INCLUDE THE FOLLOWING  INFORMA-
 TION:
   (A) THE NAME AND ADDRESS OF THE SENIOR;
   (B) THE PERSON RESPONSIBLE FOR HIS OR HER CARE, IF KNOWN;
   (C)  THE NAME AND ADDRESS OF THE CARE FACILITY OR PROGRAM IN WHICH THE
 SENIOR RESIDES OR IS RECEIVING CARE;
   (D) THE SENIOR'S AGE, SEX AND RACE;

 S. 4923                            11
 
   (E) THE NATURE AND EXTENT OF  THE  INJURIES,  ABUSE  OR  MALTREATMENT,
 INCLUDING ANY EVIDENCE OF PRIOR INJURIES, ABUSE OR MALTREATMENT;
   (F)  THE  NAME  OF THE PERSON OR PERSONS ALLEGED TO BE RESPONSIBLE FOR
 CAUSING THE INJURY, ABUSE OR MALTREATMENT, IF KNOWN;
   (G) FAMILY COMPOSITION, WHERE APPROPRIATE;
   (H) THE SOURCE OF THE REPORT;
   (I) THE PERSON MAKING THE REPORT AND WHERE HE OR SHE CAN BE REACHED;
   (J) THE ACTIONS TAKEN BY THE REPORTING SOURCE, INCLUDING THE TAKING OF
 PHOTOGRAPHS AND TECHNOLOGICAL SCANS, OR NOTIFYING THE  MEDICAL  EXAMINER
 OR CORONER; AND
   (K)  ANY  OTHER  INFORMATION  WHICH  THE  DIRECTOR  MAY  BY REGULATION
 REQUIRE, OR WHICH THE PERSON MAKING THE REPORT BELIEVES MIGHT  BE  HELP-
 FUL, IN THE FURTHERANCE OF THE INTENT AND PURPOSES OF THIS TITLE.
   3. ANY PERSON OR OFFICIAL REQUIRED TO REPORT CASES OF SUSPECTED SENIOR
 ABUSE  AND  MALTREATMENT MAY TAKE OR CAUSE TO BE TAKEN AT PUBLIC EXPENSE
 PHOTOGRAPHS OR, IF MEDICALLY INDICATED, OTHER TECHNOLOGICAL  OR  IMAGING
 SCANS INCLUDING X-RAYS OF THE AREAS OF TRAUMA VISIBLE ON A SENIOR WHO IS
 SUBJECT  TO  A REPORT. ANY SUCH PHOTOGRAPHS OR SCANS TAKEN SHALL BE SENT
 TO THE DESIGNATED AGENCY AT THE TIME THE WRITTEN REPORT IS SENT,  OR  AS
 SOON  THEREAFTER  AS  POSSIBLE.  A  PERSON REQUIRED TO REPORT UNDER THIS
 TITLE IN HIS OR HER CAPACITY AS A MEMBER OF THE STAFF OF  A  MEDICAL  OR
 OTHER  PUBLIC  OR  PRIVATE INSTITUTION, FACILITY, OR AGENCY, SHALL IMME-
 DIATELY NOTIFY THE PERSON IN CHARGE OF SUCH INSTITUTION, SCHOOL, FACILI-
 TY OR AGENCY, OR THE DESIGNATED AGENT OF SUCH  PERSON,  WHO  SHALL  THEN
 TAKE  OR  CAUSE  TO  BE TAKEN AT PUBLIC EXPENSE COLOR PHOTOGRAPHS OR, IF
 MEDICALLY INDICATED, OTHER  TECHNOLOGICAL  OR  IMAGING  SCANS  INCLUDING
 X-RAYS, OF THE SENIOR.
   4.  EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, WRITTEN REPORTS FROM
 PERSONS OR OFFICIALS REQUIRED BY THIS TITLE TO REPORT SHALL BE  ADMISSI-
 BLE IN EVIDENCE IN ANY PROCEEDINGS RELATING TO SENIOR ABUSE OR MALTREAT-
 MENT.
   5.  A  PERSON OR OFFICIAL REQUIRED TO REPORT SUSPECTED SENIOR ABUSE OR
 MALTREATMENT WHO HAS REASONABLE CAUSE TO SUSPECT THAT A SENIOR DIED AS A
 RESULT OF ABUSE OR MALTREATMENT SHALL REPORT THE FACT TO THE APPROPRIATE
 MEDICAL EXAMINER OR CORONER.  THE  MEDICAL  EXAMINER  OR  CORONER  SHALL
 ACCEPT  THE REPORT FOR INVESTIGATION AND SHALL REPORT HIS OR HER FINDING
 TO THE POLICE, THE APPROPRIATE DISTRICT ATTORNEY, THE LOCAL SERVICE, THE
 OFFICE, AND, IF THE INSTITUTION MAKING THE REPORT  IS  A  HOSPITAL,  THE
 HOSPITAL.
   §  410.  IMMUNITY  FROM  LIABILITY. A PERSON, OFFICIAL, OR INSTITUTION
 PARTICIPATING IN GOOD FAITH IN PROVIDING OF SERVICES  PURSUANT  TO  THIS
 TITLE, THE MAKING OF A REPORT, THE TAKING OF PHOTOGRAPHS, THE REMOVAL OR
 KEEPING  OF A SENIOR PURSUANT TO THIS TITLE, OR THE DISCLOSURE OF INFOR-
 MATION IN COMPLIANCE WITH THIS TITLE AND RULES AND  REGULATIONS  PROMUL-
 GATED THEREUNDER, SHALL BE IMMUNE FROM ANY LIABILITY, CIVIL OR CRIMINAL,
 THAT  MIGHT  OTHERWISE RESULT BY REASON OF SUCH ACTIONS. FOR THE PURPOSE
 OF ANY PROCEEDING, CIVIL OR CRIMINAL, THE GOOD FAITH OF ANY SUCH PERSON,
 OFFICIAL, OR INSTITUTION REQUIRED TO REPORT CASES  OF  SENIOR  ABUSE  OR
 MALTREATMENT  OR  PROVIDING  A  SERVICE  PURSUANT TO THIS TITLE SHALL BE
 PRESUMED, PROVIDED SUCH PERSON, OFFICIAL OR INSTITUTION  WAS  ACTING  IN
 DISCHARGE  OF THEIR DUTIES AND WITHIN THE SCOPE OF THEIR EMPLOYMENT, AND
 THAT SUCH LIABILITY DID NOT RESULT FROM THE WILLFUL MISCONDUCT OR  GROSS
 NEGLIGENCE OF SUCH PERSON, OFFICIAL OR INSTITUTION.
   § 411. PENALTIES FOR FAILURE TO REPORT. A PERSON, OFFICIAL OR INSTITU-
 TION  REQUIRED  BY  THIS  TITLE  TO  REPORT A CASE OF SUSPECTED ABUSE OR

 S. 4923                            12
 
 MALTREATMENT OF A SENIOR WHO WILLFULLY FAILS TO DO SO SHALL BE GUILTY OF
 A CLASS A MISDEMEANOR.
   ANY PERSON, OFFICIAL OR INSTITUTION REQUIRED BY THIS CHAPTER TO REPORT
 A CASE OF SUSPECTED SENIOR ABUSE OR MALTREATMENT WHO KNOWINGLY AND WILL-
 FULLY FAILS TO DO SO SHALL BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY
 CAUSED BY SUCH FAILURE.
   §  412.  ANNUAL  REPORTS.  THE DIRECTOR SHALL REPORT PRIOR TO DECEMBER
 FIFTEENTH OF EACH YEAR ON THE OPERATIONS OF THE REGISTRY AND THE VARIOUS
 DESIGNATED AGENCIES. THE REPORT SHALL INCLUDE A FULL STATISTICAL  ANALY-
 SIS  OF  THE  REPORTS MADE TO THE REGISTRY TOGETHER WITH A REPORT ON THE
 IMPLEMENTATION OF THIS ARTICLE, AN EVALUATION OF  SERVICES  OFFERED  AND
 RECOMMENDATIONS  FOR  ADDITIONAL  LEGISLATION TO FULFILL THE PURPOSES OF
 THIS ARTICLE. SUCH  REPORT  SHALL  INDICATE  THE  NUMBER  OF  ABUSE  AND
 MALTREATMENT  REPORTS  AND CASES RECEIVED BY THE REGISTRY BY EACH DESIG-
 NATED AGENCY IN THE PRECEDING YEAR, THE NUMBER OF SUCH CASES  DETERMINED
 TO  HAVE  BEEN  INDICATED  AND THE NUMBER OF SUCH CASES DETERMINED TO BE
 UNFOUNDED BY EACH DISTRICT IN THE PRECEDING YEAR,  THE  NUMBER  OF  SUCH
 CASES  WHICH HAVE NOT BEEN INDICATED OR UNFOUNDED WITHIN THE TIME PERIOD
 REQUIRED BY THIS CHAPTER BY EACH DESIGNATED AGENCY IN THE PRECEDING YEAR
 AND THE NUMBER OF WORKERS ASSIGNED  TO  THE  DESIGNATED  AGENCY  IN  THE
 PRECEDING  YEAR. THE REPORT SHALL ALSO CONTAIN DATA ON THE PROTECTION OF
 SENIORS IN RESIDENTIAL  CARE  FROM  ABUSE  AND  MALTREATMENT,  INCLUDING
 REPORTS  RECEIVED,  RESULTS OF INVESTIGATIONS BY TYPES OF FACILITIES AND
 PROGRAMS, TYPES OF CORRECTIVE ACTION TAKEN, AS WELL AS EFFORTS UNDERTAK-
 EN BY THE OFFICE TO PROVIDE TRAINING PURSUANT TO THIS CHAPTER.
 
                                  TITLE 2
         DUTIES AND RESPONSIBILITIES OF THE OFFICE AND THE COUNCIL

 SECTION 420. DUTIES AND RESPONSIBILITIES OF THE OFFICE.
         421. COUNCIL ON ELDER ABUSE; CREATION AND POWERS.
         422. COOPERATION OF OTHER AGENCIES.
         423. IMPLEMENTATION.
         424. SENIOR ANTI-VIOLENCE SERVICES RESPONSIBILITIES  AND  ORGAN-
                IZATION.
         425. DUTIES OF THE SAVS UNIT.
         426. LOCAL AND REGIONAL FATALITY REVIEW TEAMS.
   § 420. DUTIES AND RESPONSIBILITIES OF THE OFFICE. THE OFFICE SHALL:
   1. ENCOURAGE THE FULLEST DEGREE OF REPORTING OF SUSPECTED SENIOR ABUSE
 OR   MALTREATMENT  BY  CONDUCTING  CONTINUING  PUBLICITY  AND  EDUCATION
 PROGRAMS FOR PERSONS AND OFFICIALS WHO ARE REQUIRED TO REPORT AS WELL AS
 OTHER APPROPRIATE PERSONS.
   2. PROVIDE TECHNICAL ASSISTANCE ON AN ONGOING BASIS, OR AS NEEDED,  OR
 UPON  REQUEST  TO DESIGNATED AGENCIES REGARDING CASE PLANNING, PROVISION
 OF SERVICES, AND PERFORMANCE OR OTHER RESPONSIBILITIES PURSUANT TO  THIS
 TITLE.
   3.  DEVELOP  PROTOCOLS AND ISSUE GUIDELINES TO ASSIST DESIGNATED AGEN-
 CIES IN EVALUATING AND ESTABLISHING INVESTIGATIVE PRIORITIES FOR REPORTS
 DESCRIBING SITUATIONS OR EVENTS WHICH  MAY  POSE  A  CLEAR  AND  PRESENT
 DANGER  TO  THE  LIFE, HEALTH OR SAFETY OF A SENIOR AND/OR WHICH REQUIRE
 IMMEDIATE, PERSONAL  CONTACT  BETWEEN  THE  DESIGNATED  AGENCY  AND  THE
 SUBJECT  OF  THE REPORT, THE SUBJECT'S FAMILY, OR OTHER PERSONS NAMED IN
 THE REPORT.
   4. ISSUE GUIDELINES TO ASSIST DESIGNATED AGENCIES IN  THE  INTERPRETA-
 TION  AND  ASSESSMENT  OF  REPORTS OF ABUSE AND MALTREATMENT MADE TO THE
 REGISTRY, INCLUDING INFORMATION, STANDARDS AND CRITERIA  FOR  THE  IDEN-

 S. 4923                            13
 
 TIFICATION  OF  CREDIBLE  EVIDENCE  OF  ALLEGED  ABUSE  AND MALTREATMENT
 REQUIRED TO DETERMINE WHETHER A REPORT MAY BE INDICATED.
   5.  SET  FORTH REQUIREMENTS FOR THE PERFORMANCE BY DESIGNATED AGENCIES
 OF THE DUTIES  AND  POWERS  IMPOSED  AND  CONFERRED  UPON  THEM  BY  THE
 PROVISIONS  OF THIS TITLE, INCLUDING UNIFORM REQUIREMENTS FOR THE INVES-
 TIGATION OF REPORTS OF  ABUSE  OR  MALTREATMENT,  STANDARDS  FOR  INTER-
 VENTION, CRITERIA FOR CASE CLOSINGS, CRITERIA FOR DETERMINING WHETHER TO
 INITIATE  A  PROCEEDING,  AND  CRITERIA FOR THE FORMULATION OF TREATMENT
 PLANS AND FOR THE DELIVERY OF SERVICES.
   6. SET FORTH TRAINING REQUIREMENTS WHICH SHALL  SPECIFY,  AMONG  OTHER
 THINGS,  THAT ALL APPROPRIATE PERSONS HIRED BY A DESIGNATED AGENCY SHALL
 HAVE SATISFACTORILY COMPLETED WITHIN THE FIRST  THREE  MONTHS  OF  THEIR
 EMPLOYMENT  A  COURSE APPROVED BY THE OFFICE IN THE PRINCIPLES AND TECH-
 NIQUES OF INVESTIGATIONS, RELATIONSHIPS WITH OTHER INVESTIGATIVE BODIES,
 LEGAL ISSUES, AND  METHODS  OF  REMEDIATION,  DIAGNOSIS,  TREATMENT  AND
 PREVENTION.
   7. TAKE ALL REASONABLE AND NECESSARY ACTIONS TO ASSURE THAT THE DESIG-
 NATED  AGENCIES  ARE KEPT APPRISED ON A CURRENT BASIS OF THE LAWS, REGU-
 LATIONS AND POLICIES OF THE OFFICE CONCERNING SENIOR ABUSE AND MALTREAT-
 MENT.
   8. MONITOR AND SUPERVISE THE PERFORMANCE OF THE LOCAL SERVICES.
   § 421. COUNCIL ON ELDER ABUSE; CREATION AND POWERS. 1. THE COUNCIL  ON
 ELDER  ABUSE  IS  HEREBY  CREATED  WHOSE  PURPOSE SHALL BE TO ADVISE AND
 CONSULT WITH THE DIRECTOR ON THE DEVELOPMENT OF PROGRAMS AND INITIATIVES
 TO COMBAT ELDER ABUSE AS AUTHORIZED OR REQUIRED BY THIS TITLE. THE COUN-
 CIL SHALL HAVE POWER BY AFFIRMATIVE VOTE OF A MAJORITY OF ITS MEMBERS TO
 ESTABLISH, AND FROM TIME TO TIME, AMEND AND REPEAL RULES AND REGULATIONS
 REQUIRED TO BE PROMULGATED PURSUANT TO THIS TITLE, SUBJECT  TO  APPROVAL
 BY THE DIRECTOR.
   2.  THE  COUNCIL  SHALL  CONSIST  OF  FIFTEEN PERSONS APPOINTED BY THE
 GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. FOUR  MEMBERS
 SHALL  BE  APPOINTED ON RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE
 SENATE, AND FOUR ON RECOMMENDATION OF THE SPEAKER OF THE  ASSEMBLY.  THE
 GOVERNOR SHALL APPOINT A CHAIRPERSON AND A VICE-CHAIRPERSON AS HE OR SHE
 DEEMS APPROPRIATE.
   3.  MEMBERSHIP  ON  THE  COUNCIL  SHALL  REFLECT  THE DIVERSITY OF THE
 STATE'S POPULATION INCLUDING, BUT NOT LIMITED TO, THE VARIOUS GEOGRAPHIC
 AREAS OF THE STATE. EACH APPOINTEE SHALL AT THE TIME OF APPOINTMENT HAVE
 HAD AT LEAST FIVE YEARS EXPERIENCE IN THE FIELD OF ELDER ABUSE,  IN  LAW
 ENFORCEMENT,  THE  JUDICIAL SYSTEM, THE PROVISION OF SERVICES, MEDICINE,
 ADVOCACY, OR OTHER SIMILAR FIELD THAT ASSURES  THAT  THE  APPOINTEE  HAS
 RECOGNIZED EXPERTISE IN THE SUBJECT AREA.
   4.  EACH  APPOINTEE SHALL SERVE A TERM OF FOUR YEARS, PROVIDED THAT OF
 MEMBERS FIRST APPOINTED, EIGHT SHALL SERVE FOR TERMS OF TWO  YEARS,  AND
 THE  REMAINDER FOR TERMS OF FOUR YEARS, RESPECTIVELY, FROM JANUARY FIRST
 NEXT SUCCEEDING THEIR APPOINTMENT. ANY VACANCY OCCURRING OTHERWISE  THAN
 BY EXPIRATION OF TERM SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL
 APPOINTMENT  FOR THE BALANCE OF THE UNEXPIRED TERM. MEMBERS OF THE COUN-
 CIL SHALL CONTINUE IN OFFICE UNTIL THEIR SUCCESSORS  ARE  APPOINTED  AND
 SHALL HAVE QUALIFIED.
   5.  THE  COUNCIL MAY EMPLOY EITHER DIRECTLY OR BY CONTRACTUAL ARRANGE-
 MENT SUCH PERSONNEL AS IT SHALL DEEM NECESSARY FOR  THE  PERFORMANCE  OF
 ITS  FUNCTIONS, WITHIN AMOUNTS MADE AVAILABLE BY APPROPRIATION THEREFOR.
 IN ADDITION, THE DIRECTOR, ON HIS OR  HER  INITIATIVE  AND  THROUGH  THE
 POWERS  HEREBY  PROVIDED  HIM OR HER, MAY PROVIDE THE COUNCIL WITH UP TO
 TWO LOANED OFFICERS OR EMPLOYEES FROM THE OFFICE, ALONG WITH SUCH ADMIN-

 S. 4923                            14
 
 ISTRATIVE-SECRETARIAL SUPPORT STAFF AS SHALL BE REQUIRED, THE DUTIES AND
 WORK OF WHOM ARE HEREBY DECLARED TO BE AN ESSENTIAL STATE PURPOSE.  SUCH
 LOANED  EMPLOYEES  SHALL  SUFFER  NO DIMINUTION OF THEIR COMPENSATION OR
 BENEFITS  AS A RESULT OF SUCH ASSIGNMENT, PROVIDED THAT NO SUCH TRANSFER
 SHALL BE MADE EXCEPT WITH THE APPROVAL OF THE DIRECTOR  OF  THE  BUDGET,
 AND  IN  COMPLIANCE  WITH THE RULES AND REGULATIONS OF THE CIVIL SERVICE
 COMMISSION OF THE STATE.
   6. MEMBERS SHALL RECEIVE NO SALARY OR OTHER COMPENSATION, BUT SHALL BE
 ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED  IN
 THE  PERFORMANCE  OF OFFICIAL DUTIES. ANY OTHER PROVISION OF THIS OR ANY
 OTHER LAW TO THE CONTRARY NOTWITHSTANDING, NO OFFICER OR EMPLOYEE OF THE
 STATE, OR OF ANY  CIVIL  DIVISION  THEREOF,  SHALL  BE  DEEMED  TO  HAVE
 FORFEITED  OR SHALL FORFEIT HIS OR HER OFFICE OR EMPLOYMENT OR ANY BENE-
 FITS PROVIDED UNDER THE RETIREMENT AND SOCIAL SECURITY LAW BY REASON  OF
 ACCEPTANCE OF MEMBERSHIP ON THE COUNCIL ON ELDER ABUSE, PROVIDED, HOWEV-
 ER, THAT A MEMBER WHO HOLDS SUCH OTHER PUBLIC OFFICE OR EMPLOYMENT SHALL
 BE  ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED
 IN THE PERFORMANCE OF SUCH SERVICES  BUT  SHALL  RECEIVE  NO  ADDITIONAL
 COMPENSATION FOR SERVICES RENDERED PURSUANT TO THIS SECTION.
   7.  MEMBERS  MAY  ENGAGE  IN PRIVATE EMPLOYMENT, OR IN A PROFESSION OR
 BUSINESS, SUBJECT TO THE LIMITATIONS CONTAINED IN SECTIONS SEVENTY-THREE
 AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW. THE COUNCIL ON ELDER  ABUSE
 SHALL,  FOR  THE  PURPOSES OF SECTIONS SEVENTY-THREE AND SEVENTY-FOUR OF
 THE PUBLIC OFFICERS LAW, BE A "STATE AGENCY," AND ITS DIRECTORS SHALL BE
 "OFFICERS" OF THE AUTHORITY FOR THE PURPOSES OF SUCH SECTIONS.
   8. EIGHT MEMBERS OF THE COUNCIL ON  ELDER  ABUSE  SHALL  CONSTITUTE  A
 QUORUM  FOR  TRANSACTION OF BUSINESS OR THE EXERCISE OF ANY POWER OF THE
 COUNCIL, AND THE COUNCIL SHALL HAVE POWER TO  ACT  BY  MAJORITY  OF  THE
 MEMBERS PRESENT AT ANY MEETING AT WHICH A QUORUM IS IN ATTENDANCE. NOTH-
 ING  CONTAINED  IN  THIS TITLE SHALL PREVENT THE MEMBERS FROM CONDUCTING
 ITS MEETINGS BY TELE-VIDEO OR TELECONFERENCE, OR  BY  TELEPHONE  CONFER-
 ENCE, PROVIDED THAT A QUORUM SHALL BE PHYSICALLY PRESENT.
   9.  THE  COUNCIL  SHALL  MEET AT LEAST FOUR TIMES EACH YEAR, AND ADDI-
 TIONALLY AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE.
   10. THE COUNCIL SHALL ENACT AND FROM TIME TO TIME MAY AMEND BY-LAWS IN
 RELATION TO ITS MEETINGS AND THE TRANSACTION OF ITS BUSINESS.
   11. NO CIVIL ACTION SHALL BE BROUGHT IN ANY COURT AGAINST  ANY  MEMBER
 OF THE COUNCIL FOR ANY ACT DONE, FAILURE TO ACT, OR STATEMENT OR OPINION
 MADE, WHILE DISCHARGING DUTIES AS A MEMBER OF THE COUNCIL, AND NO MEMBER
 SHALL BE LIABLE FOR DAMAGES IN ANY ACTION IF THE MEMBER SHALL HAVE ACTED
 IN GOOD FAITH, WITH REASONABLE CARE AND UPON PROBABLE CAUSE.
   12. THE DIRECTOR SHALL CONSULT WITH THE COUNCIL ON ANY MATTER REQUIRED
 BY  THIS  TITLE  RELATING TO ELDER ABUSE, AND THE COUNCIL SHALL CONSIDER
 ANY SUCH MATTER AND ADVISE THE DIRECTOR THEREON. THE DIRECTOR SHALL TAKE
 NO ACTION REQUIRED BY THIS TITLE WITHOUT FIRST CONSULTING WITH THE COUN-
 CIL, PROVIDED HOWEVER THAT THE COUNCIL'S FAILURE TO RESPOND WITHIN THIR-
 TY BUSINESS DAYS TO ANY SUCH REQUEST FOR ADVICE AND  CONSULTATION  SHALL
 NOT BE DEEMED AN IMPAIRMENT OF THE DIRECTOR'S POWER, ABILITY, OR RESPON-
 SIBILITY  TO  IMPLEMENT  PROVISIONS  OF THIS TITLE. THE COUNCIL MAY FROM
 TIME TO TIME SUBMIT TO THE DIRECTOR, THE GOVERNOR, AND THE  LEGISLATURE,
 ANY RECOMMENDATIONS IT MAY HAVE RELATING TO ELDER ABUSE.
   §  422. COOPERATION OF OTHER AGENCIES. 1. THE OFFICE AND THE OFFICE OF
 CHILDREN AND FAMILY SERVICES ARE HEREWITH EMPOWERED TO AND  SHALL  ENTER
 INTO A MEMORANDUM OF UNDERSTANDING TO EXECUTE THE PURPOSES AND INTENT OF
 THIS  ARTICLE.  SUCH  MEMORANDUM  OF  UNDERSTANDING  SHALL ESTABLISH THE
 OFFICE, DESIGNATED AGENCIES, AND "SAVS UNITS" (AS DESCRIBED  IN  SECTION

 S. 4923                            15
 
 FOUR  HUNDRED TWENTY-FOUR OF THIS TITLE) AS THE LEAD AGENCIES FOR INVES-
 TIGATION OF ABUSE AND MALTREATMENT OF SENIORS, SHALL ASSURE  THAT  ADULT
 PROTECTIVE  SERVICES  UNITS  ARE  AN INTEGRAL PART OF THE LOCAL SERVICES
 TEAMS,  SHALL ASSURE APPROPRIATE SHARING OF INFORMATION, AND INSURE THAT
 APPROPRIATE AMENDMENTS ARE MADE TO LOCAL SERVICES PLANS.
   2. TO EFFECTUATE THE PURPOSES OF THIS TITLE, THE DIRECTOR MAY  REQUEST
 AND  SHALL  RECEIVE  FROM OFFICES, BOARDS, BUREAUS, OR OTHER AGENCIES OF
 THE STATE, OR ANY OF ITS POLITICAL SUBDIVISIONS, OR ANY DULY  AUTHORIZED
 AGENCY,  OR  ANY OTHER AGENCY PROVIDING SERVICES TO SENIORS SUCH ASSIST-
 ANCE AND DATA AS WILL ENABLE  THE  OFFICE  AND  DESIGNATED  AGENCIES  TO
 FULFILL THEIR RESPONSIBILITIES.
   3.  IN  RELATION TO AN INVESTIGATION OF A REPORT OF ABUSE OR MALTREAT-
 MENT INVOLVING A SENIOR IN RESIDENTIAL CARE, SUCH DATA MAY INCLUDE,  BUT
 NEED NOT BE LIMITED TO, THE CASE RECORDS OF THE SENIOR WHO ALLEGEDLY WAS
 ABUSED  OR  MALTREATED  AND ANY OTHER SENIOR WHO ALLEGEDLY WITNESSED THE
 ABUSE  OR  MALTREATMENT  AND,  CONSISTENT  WITH  APPROPRIATE  COLLECTIVE
 BARGAINING  AGREEMENTS  AND  APPLICABLE  PROVISIONS OF THE CIVIL SERVICE
 LAW, THOSE PORTIONS OF THE EMPLOYMENT  RECORD  OF  THE  SUBJECT  OF  THE
 REPORT  CONSIDERED  BY THE SUBJECT'S EMPLOYER TO BE RELEVANT AND REASON-
 ABLY RELATED TO THE ALLEGATIONS BEING INVESTIGATED BY THE OFFICE.
   § 423. IMPLEMENTATION. THE DIRECTOR, AFTER CONSULTATION WITH THE COUN-
 CIL, SHALL ESTABLISH TIMELINES FOR COMPLETING THE REQUIREMENTS  OF  THIS
 TITLE, AS FOLLOWS:
   1.  WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS TITLE, THE DIRECTOR
 SHALL:
   (A) ESTABLISH PLANNING PROTOCOLS FOR ESTABLISHMENT  OF  THE  STATEWIDE
 CENTRAL REGISTRY FOR ABUSE AND NEGLECT;
   (B)  ESTABLISH  A TRAINING REGIME FOR DESIGNATED AGENCIES AND TEAMS OF
 LOCAL SERVICES;
   (C) ESTABLISH INVESTIGATORY  PROTOCOLS  FOR  DESIGNATED  AGENCIES  AND
 TEAMS OF LOCAL SERVICES;
   (D)  ESTABLISH  A WEBSITE TO CONVEY INFORMATION ABOUT SENIOR ABUSE AND
 MALTREATMENT, AND THE PROVISIONS OF THIS TITLE; AND
   (E) COMPLETE AGREEMENTS AS NECESSARY  OR  REQUIRED  PURSUANT  TO  THIS
 TITLE WITH OTHER STATE, LOCAL, AND FEDERAL AGENCIES REGARDING THE IMPLE-
 MENTATION OF THE PROVISIONS OF THIS TITLE.
   2.  WITHIN  EIGHTEEN  MONTHS  OF THE EFFECTIVE DATE OF THIS TITLE, THE
 DIRECTOR SHALL:
   (A) PROMULGATE REGULATIONS CONCERNING PERSONS WHO SHALL HAVE ACCESS TO
 INFORMATION AND DATA CONTAINED IN THE REGISTRY, AND THE  CONFIDENTIALITY
 REQUIREMENTS GOVERNING SUCH ACCESS.
   (B)  PROMULGATE  REGULATIONS  CONCERNING SHARING OF INFORMATION, DATA,
 AND REPORTS TO THE REGISTRY FOR INVESTIGATORY PURPOSES.
   (C) COMPLETE TRAINING  OF  DESIGNATED  AGENCIES  AND  TEAMS  OF  LOCAL
 SERVICES IN AT LEAST FIFTY PERCENT OF THE COUNTIES OF THE STATE.
   3.  WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS TITLE, THE DIRECTOR
 SHALL:
   (A) ESTABLISH THE STATEWIDE CENTRAL REGISTRY FOR ABUSE AND NEGLECT.
   (B) COMPLETE TRAINING OF THE DESIGNATED AGENCIES AND  TEAMS  OF  LOCAL
 SERVICES.
   §  424.  SENIOR  ANTI-VIOLENCE SERVICES RESPONSIBILITIES AND ORGANIZA-
 TION.  1. EVERY DESIGNATED AGENCY SHALL ESTABLISH A SENIOR ANTI-VIOLENCE
 SERVICE (SAVS) UNIT WITHIN SUCH AGENCY. THE SERVICE SHALL PERFORM  THOSE
 FUNCTIONS  ASSIGNED  BY  THIS  TITLE  TO  IT AND OTHERS THAT FURTHER THE
 PURPOSES OF THIS TITLE.

 S. 4923                            16
 
   2. EVERY DESIGNATED AGENCY SHALL PROVIDE TO THE SAVS UNIT ANY INFORMA-
 TION AVAILABLE TO IT OR IN ITS  POSSESSION  WHICH  IS  RELEVANT  TO  THE
 INVESTIGATION OF A REPORT OF ABUSE OR MALTREATMENT OF A SENIOR OR TO THE
 PROVISION  OF SERVICES, WHERE THE CONFIDENTIALITY OF SUCH INFORMATION IS
 NOT EXPRESSLY PROTECTED BY LAW.
   3.  THE SAVS UNIT SHALL HAVE A SUFFICIENT STAFF OF PERSONS WITH SUFFI-
 CIENT QUALIFICATIONS TO FULFILL THE PURPOSES OF THIS TITLE, ORGANIZED SO
 AS TO MAXIMIZE THE CONTINUITY OF RESPONSIBILITY,  CARE  AND  SERVICE  TO
 SENIORS.   A DESIGNATED AGENCY SHALL HAVE FLEXIBILITY IN ASSIGNING STAFF
 TO THE SAVS UNIT PROVIDED THAT SUCH STAFF HAS THE QUALIFICATIONS AND HAS
 RECEIVED THE TRAINING REQUIRED BY THE OFFICE.
   4. CONSISTENT WITH APPROPRIATE COLLECTIVE  BARGAINING  AGREEMENTS  AND
 APPLICABLE  PROVISIONS  OF  THE CIVIL SERVICE LAW, EVERY SAVS UNIT SHALL
 ESTABLISH A PROCEDURE TO REVIEW AND  EVALUATE  THE  BACKGROUNDS  OF  AND
 INFORMATION  SUPPLIED  BY  APPLICANTS  FOR EMPLOYMENT.   SUCH PROCEDURES
 SHALL INCLUDE BUT NOT BE LIMITED TO REQUIREMENTS THAT THE APPLICANT  SET
 FORTH  HIS  OR  HER  EMPLOYMENT HISTORY, PROVIDE PERSONAL AND EMPLOYMENT
 REFERENCES AND RELEVANT EXPERIENTIAL AND  EDUCATIONAL  INFORMATION,  AND
 SIGN  A SWORN STATEMENT INDICATING WHETHER THE APPLICANT, TO THE BEST OF
 HIS OR HER KNOWLEDGE, HAS EVER BEEN CONVICTED OF A CRIME IN  THIS  STATE
 OR ANY OTHER JURISDICTION.
   5.  ANY OTHER PROVISION OF ANY OTHER LAW TO THE CONTRARY NOTWITHSTAND-
 ING, THE SAVS UNIT SHALL BE THE LEAD ENTITY  RESPONSIBLE  FOR  RECEIVING
 AND  INVESTIGATING  REPORTS  OF ABUSE OR MALTREATMENT OF SENIORS AND FOR
 COORDINATING SERVICES TO SUCH SENIORS.  IT MAY PURCHASE AND UTILIZE  THE
 SERVICES  OF  ANY APPROPRIATE PUBLIC OR VOLUNTARY AGENCY IN PROVIDING OR
 ARRANGING FOR SUCH SERVICES.  SERVICES PURCHASED BY THE SAVS UNIT PURSU-
 ANT TO THIS TITLE SHALL BE REIMBURSED BY THE STATE TO THE LOCALITY.
   6. EACH DESIGNATED AGENCY SHALL SUBMIT TO THE DIRECTOR, AFTER  CONSUL-
 TATION  WITH LOCAL LAW ENFORCEMENT AGENCIES, THE FAMILY COURT AND APPRO-
 PRIATE  PUBLIC  VOLUNTARY  AGENCIES  AND  AFTER  A  PUBLIC  HEARING,   A
 DISTRICT-WIDE  SENIOR  ANTI-VIOLENCE  ENFORCEMENT PLAN, AS PRESCRIBED BY
 THE DIRECTOR WHICH SHALL  DESCRIBE  THE  IMPLEMENTATION  OF  THIS  TITLE
 INCLUDING  THE  ORGANIZATION, STAFFING, MODE OF OPERATIONS AND FINANCING
 OF THE SAVS UNIT AS WELL AS THE PROVISIONS MADE FOR PURCHASE OF  SERVICE
 AND  INTER-AGENCY  RELATIONS.   EACH DESIGNATED AGENCY SHALL PREPARE AND
 SUBMIT ANNUAL IMPLEMENTATION REPORTS INCLUDING  INFORMATION  RELATED  TO
 ITS SAVS UNIT TO THE OFFICE FOR ITS REVIEW AND APPROVAL.
   7.  A SAVS UNIT SHALL ESTABLISH A MULTIDISCIPLINARY INVESTIGATIVE TEAM
 OR TEAMS FOR THE PURPOSE OF INVESTIGATING REPORTS OF SUSPECTED ABUSE  OR
 MALTREATMENT  OF SENIORS.  SUCH MULTIDISCIPLINARY INVESTIGATIVE TEAM MAY
 INCLUDE, BUT IS NOT LIMITED TO, REPRESENTATIVES FROM THE  ADULT  PROTEC-
 TIVE  SERVICE, OFFICE OF THE DISTRICT ATTORNEY OR LOCAL LAW ENFORCEMENT,
 THE MEDICAL PROFESSION, PUBLIC HEALTH AGENCIES, MENTAL HEALTH  AGENCIES,
 MEDICAL FACILITIES, INCLUDING HOSPITALS OR OTHER APPROPRIATE AGENCIES OR
 INSTITUTIONS  AND  PERSONNEL  OF ANY EXISTING SENIOR ADVOCACY OR SERVICE
 CENTERS. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE  CONTRARY,
 MEMBERS  OF  A MULTIDISCIPLINARY INVESTIGATIVE TEAM MAY SHARE WITH OTHER
 TEAM MEMBERS CLIENT-IDENTIFIABLE INFORMATION CONCERNING  THE  SENIOR  OR
 SENIOR'S  FAMILY  TO  FACILITATE THE INVESTIGATION OF SUSPECTED ABUSE OR
 MALTREATMENT. NOTHING HEREIN SHALL PRECLUDE THE CREATION OF  MULTIDISCI-
 PLINARY  TEAMS  WHICH INCLUDE MORE THAN ONE DESIGNATED AGENCY. EACH TEAM
 SHALL DEVELOP A WRITTEN PROTOCOL FOR  INVESTIGATION  OF  ABUSE  AND  FOR
 INTERVIEWING ABUSE AND MALTREATMENT VICTIMS.
   8.  A  SAVS  UNIT  SHALL PLAN WITH OTHER PUBLIC, PRIVATE AND VOLUNTARY
 AGENCIES INCLUDING BUT NOT LIMITED  TO  HEALTH,  MENTAL  HEALTH,  AGING,

 S. 4923                            17
 
 LEGAL  AND LAW ENFORCEMENT AGENCIES, FOR THE PURPOSE OF ASSURING MAXIMUM
 LOCAL  UNDERSTANDING,  COORDINATION  AND  COOPERATIVE  ACTION   IN   THE
 PROVISION OF APPROPRIATE SERVICES.
   §  425.  DUTIES  OF  THE  SAVS UNIT. 1. A SAVS UNIT SHALL RECEIVE ON A
 TWENTY-FOUR HOUR, SEVEN DAY A WEEK BASIS ALL REPORTS OF SUSPECTED  ABUSE
 OR  MALTREATMENT  OF  A  SENIOR IN ACCORDANCE WITH THIS TITLE, THE LOCAL
 PLAN AND THE REGULATIONS OF THE DIRECTOR, AND SHALL  MAINTAIN  AND  KEEP
 UP-TO-DATE  A  REGISTRY  OF ALL CASES REPORTED UNDER THIS TITLE TOGETHER
 WITH ANY ADDITIONAL INFORMATION OBTAINED  AND  A  RECORD  OF  THE  FINAL
 DISPOSITION OF THE REPORT, INCLUDING SERVICES OFFERED AND ACCEPTED.
   2.  UPON  RECEIPT  OF A WRITTEN REPORT, THE SAVS UNIT SHALL TRANSMIT A
 COPY TO THE STATE REGISTRY, AND WITHIN SEVEN DAYS AFTER RECEIPT  OF  THE
 INITIAL  REPORT,  SHALL SEND A PRELIMINARY WRITTEN REPORT OF THE INITIAL
 INVESTIGATION, INCLUDING EVALUATION AND ACTIONS TAKEN  OR  CONTEMPLATED,
 TO  THE  REGISTRY.  FOLLOW-UP REPORTS SHALL BE MADE AT REGULAR INTERVALS
 THEREAFTER IN A MANNER AND FORM PRESCRIBED BY THE DIRECTOR BY REGULATION
 TO THE END THAT THE STATE REGISTRY IS KEPT FULLY INFORMED AND UP-TO-DATE
 CONCERNING THE HANDLING OF REPORTS.
   3. A SAVS UNIT SHALL GIVE TELEPHONE NOTICE AND FORWARD  IMMEDIATELY  A
 COPY OF REPORTS MADE PURSUANT TO THIS TITLE WHICH INVOLVE THE DEATH OF A
 SENIOR  TO  THE  APPROPRIATE  DISTRICT  ATTORNEY. IN ADDITION, TELEPHONE
 NOTICE SHALL BE GIVEN AND A COPY OF ANY OR ALL REPORTS MADE PURSUANT  TO
 THIS  TITLE  SHALL  BE FORWARDED IMMEDIATELY TO THE APPROPRIATE DISTRICT
 ATTORNEY IF A PRIOR REQUEST IN WRITING FOR SUCH NOTICE  AND  COPIES  HAS
 BEEN  MADE  TO  THE  UNIT  BY THE DISTRICT ATTORNEY, AND IF THE DIRECTOR
 SHALL APPROVE. SUCH REQUEST  SHALL  SPECIFY  THE  KINDS  OF  ALLEGATIONS
 CONCERNING  WHICH  THE DISTRICT ATTORNEY REQUIRES SUCH NOTICE AND COPIES
 AND SHALL PROVIDE A COPY OF THE RELEVANT PROVISIONS OF LAW.
   4. UPON RECEIPT OF A REPORT, THE SAVS UNIT  SHALL  WITHIN  TWENTY-FOUR
 HOURS  COMMENCE AN INVESTIGATION OF THE RISK FOR THE SENIOR TO REMAIN IN
 THE EXISTING ENVIRONMENT, A DETERMINATION  OF  THE  NATURE,  EXTENT  AND
 CAUSE  OF  ANY  CONDITION ENUMERATED IN THE REPORT, AND, AFTER SEEING TO
 THE SAFETY OF THE SENIOR, NOTIFY THE SUBJECTS OF THE  REPORT  AND  OTHER
 PERSONS  NAMED  IN  THE REPORT IN WRITING OF THE EXISTENCE OF THE REPORT
 AND EACH PERSON'S RESPECTIVE RIGHTS PURSUANT TO THIS TITLE IN REGARD  TO
 AMENDMENT.
   5.  THE  SAVS  UNIT  SHALL  DETERMINE,  WITHIN SIXTY DAYS, WHETHER THE
 REPORT IS "INDICATED" OR "UNFOUNDED".
   6. THE UNIT SHALL REFER ANY SUSPECTED CASES OF FALSELY REPORTING ABUSE
 AND MALTREATMENT OF A SENIOR TO THE APPROPRIATE LAW  ENFORCEMENT  AGENCY
 OR DISTRICT ATTORNEY.
   7.  THE  SAVS  UNIT  SHALL TAKE APPROPRIATE ACTION TO PROTECT A SENIOR
 FROM FURTHER  ABUSE  OR  MALTREATMENT,  INCLUDING  OFFERING  APPROPRIATE
 SERVICES  AND  IN  CASES IN WHICH AN OFFER OF SERVICE IS REFUSED AND THE
 SAVS UNIT DETERMINES THAT THE BEST INTERESTS OF THE SENIOR REQUIRE COURT
 ACTION, INITIATE THE APPROPRIATE PROCEEDING OR MAKE A  REFERRAL  TO  THE
 APPROPRIATE DISTRICT ATTORNEY, OR BOTH.
   8.  ANY DESIGNATED AGENCY OR SAVS UNIT OFFICIAL AUTHORIZED OR REQUIRED
 TO DETERMINE THE NEED FOR AND/OR PROVIDE OR ARRANGE FOR THE PROVISION OF
 SERVICES TO SENIORS IN ACCORDANCE WITH  THE  PROVISIONS  OF  THIS  TITLE
 SHALL HAVE IMMUNITY FROM ANY CIVIL LIABILITY THAT MIGHT OTHERWISE RESULT
 BY  REASON OF PROVIDING SUCH SERVICES, PROVIDED SUCH OFFICIAL WAS ACTING
 WITHIN THE SCOPE OF EMPLOYMENT AND IN THE DISCHARGE OF OFFICIAL  DUTIES,
 AND  THAT  SUCH  LIABILITY  DID NOT RESULT FROM THE WILLFUL ACT OR GROSS
 NEGLIGENCE OF SUCH OFFICIAL OR HIS OR HER DESIGNEE.

 S. 4923                            18
 
   9. WHEN A SAVS OFFICIAL SHALL HAVE REASON TO BELIEVE THAT  A  CRIMINAL
 OFFENSE  HAS  BEEN  COMMITTED  AGAINST A SENIOR WHO HAS BECOME AN ABUSED
 SENIOR, THE OFFICIAL SHALL REPORT THIS INFORMATION  TO  THE  APPROPRIATE
 POLICE  OR  SHERIFF'S DEPARTMENT AND THE DISTRICT ATTORNEY'S OFFICE WHEN
 SUCH OFFICE HAS REQUESTED SUCH INFORMATION BE REPORTED BY A LOCAL SOCIAL
 SERVICES OFFICIAL OR HIS OR HER DESIGNEE.
   §  426. LOCAL AND REGIONAL FATALITY REVIEW TEAMS. 1. A FATALITY REVIEW
 TEAM MAY BE ESTABLISHED AT A LOCAL OR REGIONAL LEVEL, WITH THE  APPROVAL
 OF  THE OFFICE, FOR THE PURPOSE OF INVESTIGATING THE DEATH OF ANY SENIOR
 IN THE CASE OF A REPORT MADE TO THE REGISTRY. NOTWITHSTANDING ANY  OTHER
 PROVISION  OF  LAW  TO  THE  CONTRARY  AND TO THE EXTENT CONSISTENT WITH
 FEDERAL LAW, SUCH LOCAL OR REGIONAL  FATALITY  REVIEW  TEAM  SHALL  HAVE
 ACCESS  TO  THOSE CLIENT-IDENTIFIABLE RECORDS NECESSARY FOR THE PREPARA-
 TION OF THE REPORT, AS AUTHORIZED IN ACCORDANCE WITH THIS TITLE.
   2. A LOCAL OR REGIONAL FATALITY REVIEW  TEAM  MUST  INCLUDE  REPRESEN-
 TATIVES  FROM  THE LOCAL SERVICE, THE OFFICE, THE OFFICE OF THE DISTRICT
 ATTORNEY OR LOCAL LAW ENFORCEMENT, OFFICE OF  THE  MEDICAL  EXAMINER  OR
 CORONER,  AND A PHYSICIAN OR COMPARABLE MEDICAL PROFESSIONAL. A LOCAL OR
 REGIONAL FATALITY REVIEW TEAM  MAY  ALSO  INCLUDE  REPRESENTATIVES  FROM
 PUBLIC  HEALTH AGENCIES, MENTAL HEALTH AGENCIES, AND MEDICAL FACILITIES,
 INCLUDING HOSPITALS OR OTHER APPROPRIATE AGENCIES OR INSTITUTIONS.
   § 3.  The penal law is amended by adding a new article 261 to read  as
 follows:
 
                                ARTICLE 261
                 OFFENSES AGAINST THE ELDERLY AND DISABLED
 SECTION 261.00 ELDERLY,  VULNERABLE  ELDERLY AND DISABLED PERSONS; DEFI-
                  NITIONS.
         261.01 CRIMES AGAINST THE ELDERLY AND DISABLED; PRESUMPTION.
         261.02 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON.
         261.03 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON; DEFENSE.
         261.04 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON.
         261.05 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON;
                  CORROBORATION.
         261.06 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON;
                  DEFENSE.
         261.07 ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY PERSON OR
                  A DISABLED PERSON IN THE SECOND DEGREE.
         261.08 ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY PERSON OR
                  A DISABLED PERSON IN THE FIRST DEGREE.
 
 § 261.00 ELDERLY, VULNERABLE ELDERLY AND DISABLED PERSONS; DEFINITIONS.
   FOR THE PURPOSE OF  THIS  ARTICLE,  THE  FOLLOWING  DEFINITIONS  SHALL
 APPLY:
   1.  "CAREGIVER"  MEANS A PERSON WHO (I) ASSUMES RESPONSIBILITY FOR THE
 CARE OF A VULNERABLE ELDERLY PERSON PURSUANT TO A COURT ORDER;  OR  (II)
 RECEIVES MONETARY OR OTHER VALUABLE CONSIDERATION FOR PROVIDING CARE FOR
 A VULNERABLE ELDERLY PERSON.
   2. "SEXUAL CONTACT" MEANS ANY TOUCHING OF THE SEXUAL OR OTHER INTIMATE
 PARTS OF A PERSON NOT MARRIED TO THE ACTOR FOR THE PURPOSE OF GRATIFYING
 SEXUAL DESIRE OF EITHER PARTY.  IT INCLUDES THE TOUCHING OF THE ACTOR BY
 THE  VICTIM, AS WELL AS THE TOUCHING OF THE VICTIM BY THE ACTOR, WHETHER
 DIRECTLY OR THROUGH CLOTHING.
   3. "VULNERABLE ELDERLY PERSON" MEANS A PERSON SIXTY YEARS  OF  AGE  OR
 OLDER  WHO  IS  SUFFERING  FROM  A  DISEASE OR INFIRMITY ASSOCIATED WITH
 ADVANCED  AGE  AND  MANIFESTED  BY  DEMONSTRABLE  PHYSICAL,  MENTAL   OR

 S. 4923                            19
 
 EMOTIONAL  DYSFUNCTION  TO  THE  EXTENT  THAT THE PERSON IS INCAPABLE OF
 ADEQUATELY PROVIDING FOR HIS OR HER OWN HEALTH OR PERSONAL CARE.
   4. "ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER.
   5.  "DISABLED  PERSON"  MEANS  A  PERSON  WHO HAS A PHYSICAL OR MENTAL
 IMPAIRMENT THAT SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY.
 § 261.01 CRIMES AGAINST THE ELDERLY AND DISABLED; PRESUMPTION.
   IN ANY CASE IN WHICH IT SHALL BE  SHOWN  THAT  A  PERSON  INTENDED  TO
 COMMIT  A  SPECIFIED OFFENSE PURSUANT TO SECTION 485.05 OF THIS CHAPTER,
 IT SHALL BE A REBUTTAL PRESUMPTION THAT THE PERSON SELECTED  THE  VICTIM
 OR  COMMITTED  OR  INTENDED  TO  COMMIT THE ACT OR ACTS CONSTITUTING THE
 OFFENSE IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A  BELIEF  THAT  SUCH
 VICTIM IS ELDERLY OR DISABLED.
 § 261.02 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON.
   A  PERSON  IS  GUILTY  OF ABANDONMENT OF AN ELDERLY OR DISABLED PERSON
 WHEN, BEING A PERSON LEGALLY CHARGED WITH THE  CARE  OR  CUSTODY  OF  AN
 ELDERLY  OR  DISABLED PERSON, HE OR SHE DESERTS SUCH PERSON IN ANY PLACE
 WITH INTENT TO WHOLLY ABANDON HIM OR HER.
   ABANDONMENT OF AN ELDERLY OR DISABLED PERSON IS A CLASS E FELONY.
 § 261.03 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON; DEFENSE.
   IN ANY PROSECUTION FOR ABANDONMENT OF AN ELDERLY OR  DISABLED  PERSON,
 PURSUANT  TO  SECTION  261.02  OF  THIS  ARTICLE,  BASED UPON AN ALLEGED
 DESERTION OF AN ELDERLY OR DISABLED PERSON  WITH  AN  INTENT  TO  WHOLLY
 ABANDON SUCH AN ELDERLY OR DISABLED PERSON, IT IS AN AFFIRMATIVE DEFENSE
 THAT,  WITH  THE INTENT THAT THE ELDERLY OR DISABLED PERSON BE SAFE FROM
 PHYSICAL INJURY AND CARED FOR IN AN APPROPRIATE  MANNER,  THE  DEFENDANT
 LEFT  THE  ELDERLY OR DISABLED PERSON WITH AN APPROPRIATE PERSON OR IN A
 SUITABLE LOCATION AND PROMPTLY NOTIFIED AN  APPROPRIATE  PERSON  OF  THE
 ELDERLY OR DISABLED PERSON'S LOCATION.
 § 261.04 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON.
   A  PERSON  IS GUILTY OF ENDANGERING THE WELFARE OF AN ELDERLY OR DISA-
 BLED PERSON WHEN BEING A PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY
 OF AN ELDERLY OR DISABLED PERSON:
   1. HE OR SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO  THE
 PHYSICAL,  MENTAL  OR MORAL WELFARE OF AN ELDERLY OR DISABLED PERSON, OR
 DIRECTS OR AUTHORIZES SUCH AN ELDERLY OR DISABLED PERSON, TO  ENGAGE  IN
 AN  OCCUPATION INVOLVING A SUBSTANTIAL RISK OF DANGER TO HIS OR HER LIFE
 OR HEALTH; OR
   2. HE OR SHE FAILS OR REFUSES TO EXERCISE REASONABLE DILIGENCE IN  THE
 CONTROL  OF  SUCH  ELDERLY OR DISABLED PERSON TO PREVENT HIM OR HER FROM
 PHYSICAL, MENTAL OR MORAL INJURY, OR FROM ENGAGING IN ACTS  INVOLVING  A
 SUBSTANTIAL RISK OF DANGER TO HIS OR HER LIFE OR HEALTH.
   ENDANGERING  THE WELFARE OF AN ELDERLY OR DISABLED PERSON IS A CLASS A
 MISDEMEANOR.
 § 261.05 ENDANGERING THE WELFARE  OF  AN  ELDERLY  OR  DISABLED  PERSON;
            CORROBORATION.
   A  PERSON  SHALL  NOT  BE  CONVICTED  OF ENDANGERING THE WELFARE OF AN
 ELDERLY OR DISABLED PERSON, OR OF AN ATTEMPT TO COMMIT  THE  SAME,  UPON
 THE  TESTIMONY OF A VICTIM WHO IS INCAPABLE OF CONSENT BECAUSE OF MENTAL
 DEFECT OR MENTAL INCAPACITY AS TO CONDUCT THAT CONSTITUTES AN OFFENSE OR
 AN ATTEMPT TO COMMIT AN OFFENSE REFERRED TO IN SECTION  130.16  OF  THIS
 CHAPTER,  WITHOUT  ADDITIONAL  EVIDENCE  SUFFICIENT  PURSUANT TO SECTION
 130.16 OF THIS CHAPTER TO SUSTAIN A CONVICTION OF AN OFFENSE REFERRED TO
 IN SECTION 130.16 OF THIS CHAPTER, OR OF AN ATTEMPT TO COMMIT THE SAME.
 § 261.06 ENDANGERING THE WELFARE  OF  AN  ELDERLY  OR  DISABLED  PERSON;
            DEFENSE.

 S. 4923                            20
 
   IN  ANY PROSECUTION FOR ENDANGERING THE WELFARE OF AN ELDERLY OR DISA-
 BLED PERSON, PURSUANT TO SECTION 261.04 OF THIS ARTICLE:
   1.  BASED UPON AN ALLEGED FAILURE OR REFUSAL TO PROVIDE PROPER MEDICAL
 CARE OR TREATMENT TO AN ELDERLY OR DISABLED PERSON, WHO IS ILL, IT IS AN
 AFFIRMATIVE DEFENSE THAT THE ELDERLY OR DISABLED PERSON IS A  MEMBER  OR
 ADHERENT  OF  AN ORGANIZED CHURCH OR RELIGIOUS GROUP THE TENETS OF WHICH
 PRESCRIBE PRAYER AS THE PRINCIPAL TREATMENT FOR ILLNESS,  AND  THAT  THE
 ELDERLY  OR  DISABLED PERSON WAS TREATED IN ACCORDANCE WITH SUCH TENETS;
 OR
   2. BASED UPON AN ALLEGED DESERTION OF AN ELDERLY OR  DISABLED  PERSON,
 IT  IS  AN  AFFIRMATIVE DEFENSE THAT, WITH THE INTENT THAT THE PERSON BE
 SAFE FROM PHYSICAL INJURY AND CARED FOR IN AN  APPROPRIATE  MANNER,  THE
 DEFENDANT  LEFT  THE  PERSON WITH AN APPROPRIATE PERSON OR IN A SUITABLE
 LOCATION AND PROMPTLY NOTIFIED AN APPROPRIATE  PERSON  OF  THE  PERSON'S
 LOCATION.
 §  261.07 ENDANGERING  THE  WELFARE  OF A VULNERABLE ELDERLY PERSON OR A
            DISABLED PERSON IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A VULNERABLE  ELDERLY
 PERSON OR A DISABLED PERSON IN THE SECOND DEGREE WHEN, BEING A CAREGIVER
 FOR A VULNERABLE ELDERLY PERSON OR A DISABLED PERSON:
   1.  WITH  INTENT  TO  CAUSE  PHYSICAL INJURY TO SUCH PERSON, HE OR SHE
 CAUSES SUCH INJURY TO SUCH PERSON; OR
   2. HE OR SHE RECKLESSLY CAUSES PHYSICAL INJURY TO SUCH PERSON; OR
   3. WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY TO  SUCH
 PERSON BY MEANS OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT; OR
   4.  HE  OR  SHE  SUBJECTS  SUCH  PERSON  TO SEXUAL CONTACT WITHOUT THE
 LATTER'S CONSENT. LACK OF CONSENT UNDER THIS  SUBDIVISION  RESULTS  FROM
 FORCIBLE COMPULSION OR INCAPACITY TO CONSENT, AS THOSE TERMS ARE DEFINED
 IN  ARTICLE  ONE  HUNDRED  THIRTY  OF THIS CHAPTER, OR ANY OTHER CIRCUM-
 STANCES IN WHICH THE VULNERABLE ELDERLY PERSON OR DISABLED  PERSON  DOES
 NOT EXPRESSLY OR IMPLIEDLY ACQUIESCE IN THE CAREGIVER'S CONDUCT.
   IN  ANY  PROSECUTION  UNDER  THIS  SUBDIVISION  IN  WHICH THE VICTIM'S
 ALLEGED LACK OF  CONSENT  RESULTS  SOLELY  FROM  INCAPACITY  TO  CONSENT
 BECAUSE  OF  THE  VICTIM'S  MENTAL  DISABILITY OR MENTAL INCAPACITY, THE
 PROVISIONS OF SECTION 130.16 OF THIS CHAPTER SHALL APPLY.  IN  ADDITION,
 IN  ANY PROSECUTION UNDER THIS SUBDIVISION IN WHICH THE VICTIM'S LACK OF
 CONSENT IS BASED SOLELY UPON HIS OR HER INCAPACITY TO CONSENT BECAUSE HE
 OR SHE WAS MENTALLY DISABLED, MENTALLY INCAPACITATED OR PHYSICALLY HELP-
 LESS, IT IS AN AFFIRMATIVE DEFENSE THAT THE DEFENDANT, AT THE TIME HE OR
 SHE ENGAGED IN THE CONDUCT CONSTITUTING THE OFFENSE, DID NOT KNOW OF THE
 FACTS OR CONDITIONS RESPONSIBLE FOR SUCH INCAPACITY TO CONSENT.
   ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY PERSON OR  A  DISABLED
 PERSON IN THE SECOND DEGREE IS A CLASS E FELONY.
 §  261.08  ENDANGERING  THE  WELFARE OF A VULNERABLE ELDERLY PERSON OR A
            DISABLED PERSON IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A VULNERABLE  ELDERLY
 PERSON  OR A DISABLED PERSON IN THE FIRST DEGREE WHEN, BEING A CAREGIVER
 FOR A VULNERABLE ELDERLY PERSON OR DISABLED PERSON:
   1. WITH INTENT TO CAUSE PHYSICAL INJURY TO  SUCH  PERSON,  HE  OR  SHE
 CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON; OR
   2. HE OR SHE RECKLESSLY CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON.
   ENDANGERING  THE  WELFARE OF A VULNERABLE ELDERLY PERSON OR A DISABLED
 PERSON IN THE FIRST DEGREE IS A CLASS D FELONY.
   § 4. Section 120.05 of the penal law is amended by adding a new subdi-
 vision 15 to read as follows:

 S. 4923                            21
 
   15. BEING EIGHTEEN YEARS OLD OR MORE AND WITH INTENT TO CAUSE PHYSICAL
 INJURY TO A PERSON SIXTY YEARS OLD OR MORE, OR TO A  PERSON  WHO  HAS  A
 PHYSICAL  OR  MENTAL  IMPAIRMENT  THAT SUBSTANTIALLY LIMITS A MAJOR LIFE
 ACTIVITY, THE DEFENDANT CAUSES SUCH INJURY TO SUCH PERSON.
   § 5. Section 135.30 of the penal law is amended to read as follows:
 § 135.30 Kidnapping; defense.
   In  any  prosecution for kidnapping, it is an affirmative defense that
 (a) the defendant was a relative of the person abducted, and (b) his  OR
 HER sole purpose was to assume control of such person.
   THIS  SECTION  SHALL  NOT  APPLY  IN  THE  CASE WHEN THE PERSON WHO IS
 ABDUCTED IS SIXTY YEARS OLD OR MORE, OR TO A PERSON WHO HAS  A  PHYSICAL
 OR  MENTAL  IMPAIRMENT  THAT SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY,
 AND THE KIDNAPPING WAS DONE WITH THE INTENTION OF COMPELLING SUCH PERSON
 TO TRANSFER AN ASSET TO THE DEFENDANT OR TO A THIRD PARTY.
   § 6. Section 135.45 of the penal law is amended by adding a new subdi-
 vision 3 to read as follows:
   3. KNOWING THAT HE OR SHE HAS NO LEGAL RIGHT TO DO SO, HE OR SHE TAKES
 OR ENTICES ANY PERSON SIXTY YEARS OF AGE OR MORE, OR A PERSON WHO HAS  A
 PHYSICAL  OR  MENTAL  IMPAIRMENT  THAT SUBSTANTIALLY LIMITS A MAJOR LIFE
 ACTIVITY, FROM THE CUSTODY OF ANOTHER PERSON OR INSTITUTION.
   § 7. Subdivision (g) of section 140.10 of the penal law, as amended by
 chapter 176 of the laws of 2011, is amended and a new subdivision (h) is
 added to read as follows:
   (g) where the property consists of a right-of-way or yard of  a  rail-
 road  or  rapid transit railroad which has been designated and conspicu-
 ously posted as a no-trespass railroad zone[.]; OR
   (H) WHICH IS A DWELLING OCCUPIED BY A PERSON SIXTY  YEARS  OF  AGE  OR
 OLDER, OR A PERSON WHO HAS A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTAN-
 TIALLY LIMITS A MAJOR LIFE ACTIVITY.
   §  8.  Severability.  If  any provision of this act or the application
 thereof to any person or  circumstances  is  held  to  be  invalid,  the
 remainder  of  the  act  and  the application of such provision to other
 persons or circumstances shall not be affected thereby.
   § 9. This act shall take effect immediately.