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Assembly Bill A9143

2025-2026 Legislative Session

Relates to establishing a rebuttable presumption in certain crimes against an elderly, incompetent or incapacitated person

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Current Bill Status - In Assembly Committee

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2025-A9143 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §155.44, Pen L

2025-A9143 (ACTIVE) - Summary

Establishes a rebuttable presumption that certain transfers of money or property by an elderly, incompetent or incapacitated person were a wrongful taking in violation larceny statutes.

2025-A9143 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9143
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 17, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the penal law, in relation to establishing a rebuttable
   presumption in certain crimes against an elderly, incompetent or inca-
   pacitated person
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 155.44 to
 read as follows:
 § 155.44 REBUTTABLE PRESUMPTION REGARDING ELDERLY, INCOMPETENT OR  INCA-
             PACITATED VICTIMS.
   THERE  SHALL BE A REBUTTABLE PRESUMPTION THAT ANY TRANSFER OF MONEY OR
 PROPERTY VALUED IN EXCESS OF TEN THOUSAND DOLLARS AT  THE  TIME  OF  THE
 TRANSFER, WHETHER IN A SINGLE TRANSACTION OR MULTIPLE TRANSACTIONS, BY A
 PERSON  WHO  IS ELDERLY, INCOMPETENT OR INCAPACITATED TO A NON-BENEFICI-
 ARY, AND FOR WHICH THE TRANSFEROR DID NOT RECEIVE THE REASONABLY  EQUIV-
 ALENT  FINANCIAL VALUE IN GOODS OR SERVICES, WAS A WRONGFUL TAKING UNDER
 THIS ARTICLE.
   § 2. This act shall take effect immediately and shall apply to  crimi-
 nal proceedings commenced on or after such effective date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13517-01-5

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