Assembly Bill A4447

2015-2016 Legislative Session

Relates to the definition of mentally disabled and the crime of larceny

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2015-A4447 (ACTIVE) - Details

See Senate Version of this Bill:
S395
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง155.00 & 155.10, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8777, S7177
2017-2018: A3215, S5900
2019-2020: A1857, S1070
2021-2022: S1710

2015-A4447 (ACTIVE) - Summary

Relates to the definition of mentally disabled and the crime of larceny.

2015-A4447 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4447

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2015
                               ___________

Introduced  by M. of A. SCHIMMINGER, ENGLEBRIGHT, GUNTHER, JAFFEE, OTIS,
  SIMOTAS, CLARK, COOK, BRONSON -- Multi-Sponsored by -- M. of A. MAGEE,
  MARKEY, PEOPLES-STOKES, PERRY, SKARTADOS, STECK, THIELE --  read  once
  and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to the definition of mentally
  disabled and in relation to larceny

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 155.00 of the penal law is amended by adding a  new
subdivision 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.
  S 2. Section 155.10 of the penal law is amended to read as follows:
S 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
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.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01360-01-5

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