Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Jul 16, 2009 |
committed to rules |
Feb 23, 2009 |
advanced to third reading |
Feb 11, 2009 |
2nd report cal. |
Feb 10, 2009 |
1st report cal.22 |
Jan 07, 2009 |
referred to codes |
Senate Bill S138
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
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
Actions
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
(D, WF) 28th Senate District
2009-S138 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2943
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add Art 261 ยงยง261.00 - 261.15, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
A6768
2009-S138 (ACTIVE) - Summary
Establishes the crime of criminal neglect of a vulnerable elderly person or a person with a disability as a class A misdemeanor; consists of a caregiver who knowingly acts in a manner likely to cause the person's life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate; or fails to perform acts which he or she knows or reasonably should know are necessary to maintain or preserve the life or health of the person and such failure causes said person's life to be endangered, health to be injured or condition to deteriorate; or knowingly abandons said person
2009-S138 (ACTIVE) - Sponsor Memo
BILL NUMBER: S138 TITLE OF BILL : An act to amend the penal law, in relation to establishing the crime of criminal neglect of a vulnerable elderly person or a person with a disability PURPOSE OR GENERAL IDEA OF BILL : This bill would add a new article 261 to the Penal Law entitled "Criminal neglect of a vulnerable elderly person or a person with a disability." It would be a class "A" misdemeanor for any caregiver to knowingly act, (or fail to act), in a manner likely to threaten the life of, endanger or injure the health of, or cause a deterioration of a previously existing physical or mental condition of, a vulnerable elderly person or a person with a disability. The term "Caregiver" is broadly defined. The bill would also criminalize (an "A" misdemeanor) the abandonment of such person, a growing practice in our society frequently referred to as "Granny-dumping". Neither of these areas are presently addressed by penal statutes in New York State. The provisions of this bill would apply only in noninstitutionalized settings and would have no impact on health care providers licensed under the Education Law such as physicians, dentists, etc., rendering care in the normal course of his or her profession. SUMMARY OF SPECIFIC PROVISIONS :
2009-S138 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 138 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. SAMPSON -- 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 establishing the crime of criminal neglect of a vulnerable elderly person or a person with a disability 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 article 261 to read as follows: ARTICLE 261 CRIMINAL NEGLECT OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH A DISABILITY SECTION 261.00 DEFINITIONS. 261.05 CRIMINAL NEGLECT OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH A DISABILITY. 261.10 CRIMINAL NEGLECT: DEFENSE. 261.15 OTHER AVAILABLE REMEDIES. S 261.00 DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL APPLY: 1. "VULNERABLE ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER WHO IS SUFFERING FROM A DISEASE OR INFIRMITY ASSOCIATED WITH ADVANCED AGE. 2. "PERSON WITH A DISABILITY" MEANS A PERSON WHO HAS A PHYSICAL, MENTAL OR MEDICAL IMPAIRMENT RESULTING FROM ANATOMICAL, PHYSIOLOGICAL, OR NEUROLOGICAL CONDITIONS THAT PREVENT THE EXERCISE OF A NORMAL BODILY FUNCTION OR THAT SUBSTANTIALLY IMPAIR COGNITIVE FUNCTION, AND INCLUDE BUT IS NOT LIMITED TO, IMPAIRMENTS REQUIRING THE USE OF AN ARTIFICIAL DEVICE TO MOVE, WALK, SEE, HEAR, OR BREATHE, SUCH AS A WHEELCHAIR, BRAC- ES, CRUTCHES, RESPIRATOR, OR OTHER SUPPORTIVE EQUIPMENT, OR USE OF A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02031-01-9
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