S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10064
 
                           I N  A S S E M B L Y
 
                               March 6, 2020
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Aging
 
 AN ACT to amend the elder law, the executive law and the  administrative
   code  of  the  city of New York, in relation to incorporating identity
   theft into the definition of  elder  abuse  for  purposes  of  support
   services and programs for elder persons

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 209 of the elder law is amended by
 adding a new paragraph (i) to read as follows:
   (I) "ELDER ABUSE OR EXPLOITATION" SHALL MEAN  ANY  KNOWING  OR  INTEN-
 TIONAL ACT BY A PERSON WHICH CAUSES HARM OR A SERIOUS RISK OF HARM TO AN
 OLDER ADULT INCLUDING PHYSICAL, EMOTIONAL, SEXUAL, OR FINANCIAL HARM, OR
 HARM RELATED TO IDENTITY THEFT, OR NEGLECT, ABANDONMENT OR CONFINEMENT.
   § 2. Subdivision 16 of section 202 of the elder law, as added by chap-
 ter 455 of the laws of 2016, is amended to read as follows:
   16.  to  the  extent appropriations are available, and in consultation
 with the office of children and family services, conduct a public educa-
 tion campaign that  emphasizes  zero-tolerance  for  elder  abuse.  Such
 campaign shall include information about the signs and symptoms of elder
 abuse,  identification  of  potential  causes  of elder abuse, resources
 available to assist in the prevention of elder  abuse,  where  suspected
 elder  abuse  can be reported, contact information for programs offering
 services to victims of elder abuse such as  counseling,  and  assistance
 with arranging personal care and shelter. Such campaign may include, but
 not  be  limited  to:  printed  educational and informational materials;
 audio, video, electronic, other media; and public service  announcements
 or  advertisements.  FOR  PURPOSES  OF THIS SUBDIVISION, THE TERM "ELDER
 ABUSE" SHALL HAVE THE SAME MEANING AS THE TERM "ELDER ABUSE OR EXPLOITA-
 TION" AS SET FORTH IN PARAGRAPH (I) OF SUBDIVISION ONE  OF  SECTION  TWO
 HUNDRED NINE OF THIS TITLE.
   §  3.  Subdivision  1  of  section  215 of the elder law is amended by
 adding a new paragraph (f) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15090-01-0

 A. 10064                            2
 
   (F) "ELDER ABUSE" SHALL HAVE THE SAME MEANING AS THE TERM "ELDER ABUSE
 OR EXPLOITATION" AS SET FORTH IN PARAGRAPH (I)  OF  SUBDIVISION  ONE  OF
 SECTION TWO HUNDRED NINE OF THIS TITLE.
   §  4.  Subdivision  1  of  section  217 of the elder law is amended by
 adding a new paragraph (f) to read as follows:
   (F) "ELDER ABUSE" SHALL HAVE THE SAME MEANING AS THE TERM "ELDER ABUSE
 OR EXPLOITATION" AS SET FORTH IN PARAGRAPH (I)  OF  SUBDIVISION  ONE  OF
 SECTION TWO HUNDRED NINE OF THIS TITLE.
   §  5.  Section  214-c of the executive law, as added by chapter 184 of
 the laws of 2008, is amended to read as follows:
   § 214-c. Elder abuse awareness.  The  superintendent,  in  cooperation
 with the state office for the aging and the office of children and fami-
 ly services, shall, for all members of the division of state police: (1)
 develop, maintain and disseminate educational material relating to abuse
 of  adults,  including  physical  abuse,  sexual abuse, emotional abuse,
 active neglect, passive neglect, self neglect, and  financial  exploita-
 tion, as such terms are defined in section four hundred seventy-three of
 the  social  services  law,  AND  IDENTITY  THEFT, and (2) establish and
 implement written procedures and policies in the event a member  of  the
 division  of state police encounters such abuse, including the provision
 of information and referral.
   § 6. Subdivision e of section 21-201 of the administrative code of the
 city of New York, as added by local law number 43 of  the  city  of  New
 York for the year 2008, is amended to read as follows:
   e. "Elder abuse" shall mean any knowing, intentional, or negligent act
 by  a caregiver or any other person holding a trusting relationship with
 a vulnerable older adult, which causes harm or a serious risk of harm to
 that older adult including physical,  emotional,  sexual,  or  financial
 harm,  OR  HARM  RELATED  TO  IDENTITY THEFT, or neglect, abandonment or
 confinement.
   § 7. This act shall take effect immediately.