NY State Senate Bill S1294

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 14, 2019	referred to codes

Co-Sponsors

S1294 (ACTIVE) - Details

See Assembly Version of this Bill:: A6509
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§120.30 & 125.15, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8541, A10874
2021-2022: S2150, A5249

S1294 (ACTIVE) - Summary

Provides that a person may be charged with promoting a suicide or manslaughter if he or she is convicted of endangering the welfare of a vulnerable elderly person, an incompetent or physically disabled person and the conduct was the proximate cause of the victim's suicide.

S1294 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1294

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the penal law, in relation to penalties for promotion of
a suicide attempt

 
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:

2018: S.8541 Passed Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S1294 (ACTIVE) - Bill Text download pdf


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

                                  1294

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 14, 2019
                               ___________

Introduced  by  Sens. SERINO, RANZENHOFER, SEWARD, TEDISCO -- 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 penalties for promotion of
  a suicide attempt

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

  Section  1.  Section  120.30  of  the  penal law is amended to read as
follows:
§ 120.30 Promoting a suicide attempt.
  A person is guilty of promoting a suicide attempt when:
  (A) he OR SHE intentionally causes or aids another person  to  attempt
suicide; OR
  (B)  HE  OR  SHE ENDANGERS THE WELFARE OF AN INCOMPETENT, A VULNERABLE
ELDERLY PERSON OR A PHYSICALLY DISABLED PERSON AS SET FORTH  IN  SECTION
260.25,  260.32 OR 260.34 OF THIS CHAPTER AND SUCH CONDUCT SIGNIFICANTLY
CONTRIBUTED TO THE VICTIM'S SUICIDE ATTEMPT.
  Promoting a suicide attempt is a class E felony.
  § 2. Section 125.15 of the penal law is amended to read as follows:
§ 125.15 Manslaughter in the second degree.
  A person is guilty of manslaughter in the second degree when:
  1. He OR SHE recklessly causes the death of another person; or
  2. He OR SHE commits upon a female an abortional act which causes  her
death, unless such abortional act is justifiable pursuant to subdivision
three of section 125.05; or
  3.  He  OR  SHE  intentionally causes or aids another person to commit
suicide; OR
  4. HE OR SHE ENDANGERS THE WELFARE OF  AN  INCOMPETENT,  A  VULNERABLE
ELDERLY  PERSON, OR A PHYSICALLY DISABLED PERSON AS SET FORTH IN SECTION
260.25, 260.32 OR 260.34 OF THIS CHAPTER AND SUCH CONDUCT  SIGNIFICANTLY
CONTRIBUTED TO THE VICTIM'S SUICIDE.
  Manslaughter in the second degree is a class C felony.
  § 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00564-01-9

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The New York State Senate

senate Bill S1294

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Co-Sponsors

S1294 (ACTIVE) - Details

S1294 (ACTIVE) - Summary

S1294 (ACTIVE) - Sponsor Memo

S1294 (ACTIVE) - Bill Text download pdf

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senate Bill S1294

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Sponsored By

Sue Serino

Archive: Last Bill Status - In Senate Committee Codes Committee

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Co-Sponsors

Michael H. Ranzenhofer

James L. Seward

James Tedisco

S1294 (ACTIVE) - Details

S1294 (ACTIVE) - Summary

S1294 (ACTIVE) - Sponsor Memo

S1294 (ACTIVE) - Bill Text download pdf

Comments