S T A T E O F N E W Y O R K
________________________________________________________________________
1070
2019-2020 Regular Sessions
I N S E N A T E
January 10, 2019
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Introduced by Sen. GALLIVAN -- 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 the definition of mentally
disabled and in relation to larceny
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 a new
subdivision 10 to read as follows:
10. "MENTALLY DISABLED" MEANS THAT A PERSON SUFFERS FROM A MENTAL
DISEASE, DEFECT OR CONDITION WHICH RENDERS HIM OR HER INCAPABLE OF
APPRAISING THE NATURE OF THE CONDUCT CONSTITUTING THE TAKING, OBTAINING
OR WITHHOLDING OF HIS OR HER PROPERTY.
§ 2. Section 155.10 of the penal law is amended to read as follows:
§ 155.10 Larceny; no defense.
1. The crimes of (a) larceny committed by means of extortion and an
attempt to commit the same, and (b) bribe receiving by a labor official
as defined in section 180.20 OF THIS PART, and bribe receiving as
defined in section 200.05 OF THIS PART, are not mutually exclusive, and
it is no defense to a prosecution for larceny committed by means of
extortion or for an attempt to commit the same that, by reason of the
same conduct, the defendant also committed one of such specified crimes
of bribe receiving.
2. IT IS NO DEFENSE TO A PROSECUTION FOR LARCENY THAT THE DEFENDANT
OBTAINED CONSENT TO TAKE, WITHHOLD, OR OBTAIN PROPERTY, WHERE SUCH
CONSENT WAS OBTAINED FROM A PERSON WHOM THE DEFENDANT KNEW OR HAD REASON
TO KNOW WAS MENTALLY DISABLED.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02852-02-9