Assembly Bill A7997

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7997
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 2021
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to conditional
   examination of seniors before trial and a  senior's  participation  in
   grand  jury  proceedings;  and  to amend the penal law, in relation to
   defenses to larceny when the victim is mentally disabled
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 660.20 of the criminal procedure
 law is amended to read as follows:
   2. Will not be amenable or responsive to legal process or available as
 a witness at a time when his OR HER testimony will be  sought,  [either]
 because he OR SHE is:
   (a)   About to leave the state and not return for a substantial period
 of time; [or]
   (b)  Physically ill or incapacited[.]; OR
   (C) OF AN ADVANCED AGE, WHICH FOR THE PURPOSES OF THIS SECTION,  SHALL
 MEAN SEVENTY-FIVE YEARS OF AGE OR OLDER.
   § 2. Section 155.00 of the penal law is amended by adding a new subdi-
 vision 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.
   § 3. 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, and bribe receiving as defined in  section
 200.05,  are  not  mutually  exclusive, and it is no defense to a prose-
 cution for larceny committed by means of extortion or for an attempt  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05675-01-1

 A. 7997                             2
 
 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.
   §  4. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
 procedure law, as amended by chapter 347 of the laws of 2014, is amended
 and a new paragraph (i) is added to read as follows:
   (h) A social worker, rape  crisis  counselor,  psychologist  or  other
 professional providing emotional support to a child witness twelve years
 old  or  younger[, or a social worker or informal caregiver, as provided
 in subdivision two of section two hundred six of the elder  law,  for  a
 vulnerable  elderly  person  as provided in subdivision three of section
 260.31 of the penal law,] who is called to give evidence in a grand jury
 proceeding concerning a crime defined in article one hundred twenty-one,
 article one hundred thirty, article two hundred sixty,  section  120.10,
 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27
 of  the  penal  law  provided  that the district attorney consents. Such
 support person shall not provide the witness with an answer to any ques-
 tion or otherwise participate in such proceeding and shall first take an
 oath before the grand jury that he or she will keep secret  all  matters
 before such grand jury within his or her knowledge.
   (I)  A  SOCIAL WORKER OR INFORMAL CAREGIVER, AS DEFINED IN SUBDIVISION
 TWO OF SECTION TWO HUNDRED SIX OF THE ELDER LAW, FOR A VULNERABLE ELDER-
 LY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THE PENAL
 LAW, AS ADDED BY CHAPTER THREE HUNDRED EIGHTY-ONE OF THE LAWS  OF  NINE-
 TEEN  HUNDRED  NINETY-EIGHT,  WHO  IS CALLED TO GIVE EVIDENCE IN A GRAND
 JURY PROCEEDING,   CONCERNING ANY TYPE OF  OFFENSE,  PROVIDED  THAT  THE
 DISTRICT  ATTORNEY  CONSENTS.  SUCH SUPPORT PERSON SHALL NOT PROVIDE THE
 WITNESS WITH AN ANSWER TO ANY QUESTION OR OTHERWISE PARTICIPATE IN  SUCH
 PROCEEDING AND SHALL FIRST TAKE AN OATH BEFORE THE GRAND JURY THAT HE OR
 SHE  WILL  KEEP  SECRET ALL MATTERS BEFORE SUCH GRAND JURY WITHIN HIS OR
 HER KNOWLEDGE.
   § 5. This act shall take effect immediately.