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Assembly Bill A9143A

2025-2026 Legislative Session

Relates to establishing legally sufficient evidence in certain crimes against a vulnerable elderly, physically disabled, incompetent or incapacitated person

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Current Bill Status - In Assembly Committee

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Bill Amendments

2025-A9143 - Details

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

2025-A9143 - Summary

Establishes a reasonable inference that certain transfers of money or property by a vulnerable elderly, physically disabled, incompetent or incapacitated person were a wrongful taking in violation larceny statutes.

2025-A9143 - 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

2025-A9143A (ACTIVE) - Details

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

2025-A9143A (ACTIVE) - Summary

Establishes a reasonable inference that certain transfers of money or property by a vulnerable elderly, physically disabled, incompetent or incapacitated person were a wrongful taking in violation larceny statutes.

2025-A9143A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9143--A
 
                        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  -- recommitted to the Committee on Codes in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to evidence in certain crimes
   against a vulnerable  elderly,  physically  disabled,  incompetent  or
   incapacitated 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 VULNERABLE ELDERLY, PHYSICALLY
             DISABLED, INCOMPETENT OR INCAPACITATED VICTIMS.
   1.  IN  ANY PROSECUTION UNDER THIS ARTICLE, EVIDENCE THAT ANY TRANSFER
 OF MONEY OR PROPERTY VALUED IN EXCESS OF THREE THOUSAND DOLLARS  AT  THE
 TIME OF THE TRANSFER, WHETHER IN A SINGLE TRANSACTION OR MULTIPLE TRANS-
 ACTIONS,  BY  A  VULNERABLE ELDERLY PERSON, AN INCOMPETENT OR PHYSICALLY
 DISABLED PERSON, OR A PERSON WHO HAS BEEN DETERMINED TO BE INCAPACITATED
 UNDER ARTICLE EIGHTY-ONE OF THE MENTAL HYGIENE LAW, AND  FOR  WHICH  THE
 TRANSFEROR DID NOT RECEIVE FAIR CONSIDERATIONS PERMITS AN INFERENCE THAT
 THE  TRANSACTION  WAS A WRONGFUL TAKING UNDER THIS ARTICLE.  SUCH INFER-
 ENCE, IF REASONABLE BASED ON THE TOTALITY OF  THE  CIRCUMSTANCES,  SHALL
 CONSTITUTE  LEGALLY  SUFFICIENT  EVIDENCE  TO  ESTABLISH WRONGFUL TAKING
 WITHOUT REQUIRING TESTIMONY FROM THE ALLEGED VICTIM REGARDING CONSENT OR
 AUTHORIZATION.
   2. THE INFERENCE PERMITTED UNDER THIS SECTION SHALL APPLY TO ANY TRAN-
 SACTIONS THAT OCCURRED AFTER THE ONSET OF  THE  DISEASE,  INFIRMITY,  OR
 OTHER  CONDITION  THAT  RENDERED THE TRANSFEROR UNABLE TO CONSENT TO THE
 TRANSACTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13517-02-6
 A. 9143--A                          2

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