BILL NUMBER: S8541

SPONSOR: SERINO
 
TITLE OF BILL:  An act to amend the penal law, in relation to promot-
ing a suicide and manslaughter in the second degree

 
PURPOSE:

To increase penalties for endangering the welfare of an incompetent or
physical disabled person or a vulnerable elderly person when it signif-
icantly contributes to a victim's suicide attempt.

 
SUMMARY OF PROVISIONS:

Section 1: Adds certain violations related to endangering the welfare of
an incompetent or physical disabled person or a vulnerable elderly
person to the definition of promoting a suicide attempt when such
conduct significantly contributes to the victim's suicide attempt.

Section 2: Adds the same provisions above to the definition of
manslaughter in the second degree.
              

Section 3: Establishes the effective date.

 
JUSTIFICATION:

Bailey Bates, a 19-year-old autistic man from Poughkeepsie, New York,
tragically committed suicide in July of 2017 after falling victim to a
financial scam. According to reports, a young woman whom he had known
for years befriended him shortly before the scheme and asked him for
help cashing a check, which ultimately resulted in the young woman and
her accomplice stealing money from an account holding his disability
assistance. When Bailey's family learned of the illegitimate transaction
they contacted law enforcement who began an investigation. Bailey's
family has indicated that he was extremely distraught over this betrayal
of his trust and they believe - with the local law enforcement - that he
did not understand what was happening or that he was a victim in this
case. Tragically, a week after this crime, he took his own life and
based on a note that he left, it was clear he believed he had done some-
thing wrong.

Given the facts of this case, the accused stand only to be charged with
minimal counts of endangerment and grand larceny despite reported crimi-
nal histories and acute knowledge that Bailey was a vulnerable victim.
While no law can bring Bailey back, it is important that people are held
accountable for the outcome of their actions, particularly in cases
where they prey on the most vulnerable. Hopefully with this legislation,
other potential scam artists will think twice about the permanent damage
they can cause not only their victim, but the many friends and loved
ones of those they victimize.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.