S T A T E   O F   N E W   Y O R K
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                                  9974

                          I N  A S S E M B L Y

                               May 2, 2016
                               ___________

Introduced  by  M.  of  A.  RICHARDSON  -- read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to financial exploitation  of
  the elderly and disabled

  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  four
new subdivisions 10, 11, 12 and 13 to read as follows:
  10.  "ELDERLY" MEANS ANY PERSON WHO IS SIXTY YEARS OF AGE OR OLDER AND
IS SUFFERING FROM A DISEASE OR INFIRMITY ASSOCIATED WITH  ADVANCED  AGE,
WHICH  IS  MANIFESTED BY PHYSICAL, MENTAL OR EMOTIONAL DYSFUNCTIONING TO
THE EXTENT THAT SUCH PERSON IS INCAPABLE OF AVOIDING OR  PREVENTING  THE
COMMISSION OF A LARCENY AGAINST HIMSELF OR HERSELF.
  11.  "DISABLED" MEANS ANY PERSON WHO SUFFERS FROM A PERMANENT PHYSICAL
OR MENTAL IMPAIRMENT, AS A  RESULT  OF  A  DISEASE,  INJURY,  FUNCTIONAL
DISORDER  OR  CONGENITAL  CONDITION,  TO  THE EXTENT THAT SUCH PERSON IS
INCAPABLE OF AVOIDING OR PREVENTING THE COMMISSION OF A LARCENY  AGAINST
HIMSELF OR HERSELF.
  12. "PERSON IN A POSITION OF TRUST" MEANS A PERSON WHO:
  (A)  IS  THE PARENT, SPOUSE, ADULT CHILD OR OTHER RELATIVE BY BLOOD OR
AFFINITY OF AN ELDERLY OR DISABLED PERSON; OR
  (B) IS A JOINT TENANT OR TENANT IN COMMON WITH AN ELDERLY OR  DISABLED
PERSON; OR
  (C) HAS A FIDUCIARY OBLIGATION TO AN ELDERLY OR DISABLED PERSON; OR
  (D)  RECEIVES  MONETARY  OR OTHER VALUABLE CONSIDERATION FOR PROVIDING
CARE FOR THE ELDERLY OR DISABLED PERSON; OR
  (E) LIVES WITH OR PROVIDES SOME COMPONENT OF HOME CARE SERVICES  ON  A
CONTINUING  BASIS  TO  THE ELDERLY OR DISABLED PERSON INCLUDING, BUT NOT
LIMITED TO, A NEIGHBOR OR FRIEND WHO DOES NOT PROVIDE SUCH SERVICES  BUT
HAS ACCESS TO THE ELDERLY OR DISABLED PERSON BASED ON SUCH RELATIONSHIP.
  13.  "INTIMIDATION"  MEANS THE COMMUNICATION TO AN ELDERLY OR DISABLED
PERSON THAT HE OR SHE WILL BE  DEPRIVED  OF  FOOD,  NUTRITION,  SHELTER,
MEDICATION, MEDICAL CARE OR MEDICAL TREATMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03204-01-5
              

A. 9974                             2

  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 ELDERLY OR DISABLED.
  (I) A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF THE ELDERLY
OR  DISABLED,  WHEN  BEING  A  PERSON  IN A POSITION OF TRUST, HE OR SHE
COMPELS OR INDUCES AN ELDERLY OR DISABLED PERSON TO DELIVER SUCH PROPER-
TY TO HIMSELF OR HERSELF OR TO A THIRD PERSON BY MEANS OF  FRAUD,  FALSE
PROMISE, EXTORTION OR INTIMIDATION.
  (II) NO PROVISION OF THIS PARAGRAPH SHALL BE DEEMED TO IMPOSE CRIMINAL
LIABILITY  UPON  ANY PERSON WHO IN GOOD FAITH SEEKS TO ASSIST AN ELDERLY
OR DISABLED PERSON IN THE MANAGEMENT OF HIS OR HER PROPERTY, BUT THROUGH
NO FAULT OF SUCH PERSON IS UNABLE TO  ASSIST  THE  ELDERLY  OR  DISABLED
PERSON.
  (III)  IT  SHALL BE NO DEFENSE TO ANY PROSECUTION FOR LARCENY BY MEANS
OF FINANCIAL EXPLOITATION OF THE ELDERLY OR DISABLED THAT THE  DEFENDANT
DID  NOT KNOW THE FACTS AND CONDITIONS RESPONSIBLE FOR MAKING THE VICTIM
AN ELDERLY OR DISABLED PERSON.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.