S T A T E   O F   N E W   Y O R K
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                                  4467

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2015
                               ___________

Introduced  by  M. of A. CLARK, COLTON, ORTIZ, WEPRIN -- Multi-Sponsored
  by -- M. of A.   CYMBROWITZ, GALEF, HOOPER, MAGEE  --  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.

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

A. 4467                             2

  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.
  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.