Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2014 |
referred to codes |
Jan 09, 2013 |
referred to codes |
Senate Bill S102
2013-2014 Legislative Session
Sponsored By
(R, C) 60th 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
(R, C, IP) Senate District
2013-S102 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4316
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§260.31, 155.05 & 155.15, Pen L; amd §473, Soc Serv L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S6712, A10456
2015-2016: S530
2013-S102 (ACTIVE) - Sponsor Memo
BILL NUMBER:S102 TITLE OF BILL: An act to amend the penal law and the social services law, in relation to preventing financial exploitation of the elderly PURPOSE: Establishes exploitation of the vulnerable elderly or incompetent or physically disabled as a form of larceny. SUMMARY OF PROVISIONS: Section 1 amends section 260.31 of the penal law by changing the definition of "Caregiver". Section 2 amends section 155.05 of the penal law by changing the definition of larceny to include financial exploitation of the vulnerable elderly or incompetent or physically disabled person. Section 3 amends section 155.15 of the penal law by creating a defense for financial exploitation of the vulnerable elderly or incompetent or physically disabled. Section 4 amends section 473 of the social services law to require local officials to report to the appropriate district attorney's
2013-S102 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 102 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. GALLIVAN -- 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 social services law, in relation to preventing financial exploitation of the elderly THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph and subdivision 1 of section 260.31 of the penal law, the opening paragraph as added by chapter 381 of the laws of 1998, subdivision 1 as amended and such section as renumbered by chapter 14 of the laws of 2010, are amended to read as follows: For the purpose of sections 155.05, 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) VOLUNTARILY ASSUMES RESPONSIBILITY FOR THE CARE OF A VULNERABLE ELDERLY PERSON OR AN INCOM- PETENT OR PHYSICALLY DISABLED PERSON; OR (III) receives monetary or other valuable consideration for providing care for a vulnerable elderly person, or an incompetent or physically disabled person. S 2. Subdivision 2 of section 155.05 of the penal law is amended by adding a new paragraph (f) to read as follows: (F) BY FINANCIAL EXPLOITATION OF THE VULNERABLE ELDERLY OR INCOMPETENT OR PHYSICALLY DISABLED PERSON. (I) A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF A VULNER- ABLE ELDERLY, OR INCOMPETENT OR PHYSICALLY DISABLED PERSON WHEN, WHILE IN A BUSINESS RELATIONSHIP OR CAREGIVER STATUS WITH A VULNERABLE ELDERLY PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, HE OR SHE KNOWINGLY OBTAINS OR USES OR ATTEMPTS TO OBTAIN OR USE A VULNERABLE ELDERLY PERSON'S OR INCOMPETENT OR PHYSICALLY DISABLED PERSON'S PROPERTY WITH THE INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE VULNERABLE ELDERLY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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