Senate Bill S351

2019-2020 Legislative Session

Relates to vulnerable elderly persons

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S351 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.31, 260.32, 260.34 & 70.02, add Part 4 Title Y-3 §§497.00 & 497.05, Pen L; amd §200.50, CP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S4040
2021-2022: S175
2023-2024: S93

2019-S351 (ACTIVE) - Summary

Relates to vulnerable elderly persons; deletes references to caregiver to make any person who endangers the welfare of an elderly person guilty of provisions of the penal law.

2019-S351 (ACTIVE) - Sponsor Memo

2019-S351 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    351
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to crimes against vulnerable elderly or disabled persons

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 260.31 of the penal law, as added by chapter 381 of
 the laws of 1998, subdivision 1 as amended, subdivision 4 as  added  and
 such section as renumbered by chapter 14 of the laws of 2010, and subdi-
 vision  2  as  amended by chapter 193 of the laws of 2010, is amended to
 read as follows:
 § 260.31 Vulnerable elderly persons; definitions.
   For the purpose of sections 260.32 and 260.34  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, or  an  incompetent  or  physically
 disabled  person pursuant to a court order; or (ii) receives monetary or
 other valuable consideration for providing care for a vulnerable elderly
 person, or an incompetent or physically disabled person.
   2.] "Sexual contact" means any touching of the sexual or  other  inti-
 mate  parts  of  a person 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, as well as the emission of ejaculate by the actor upon
 any part of the victim, clothed or unclothed.
   [3.] 2. "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
 emotional  dysfunction  to  the  extent  that the person is incapable of

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

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