NY State Senate Bill 2019-S1655

Senate Bill S1655

2019-2020 Legislative Session

Relates to the conditional examination of seniors before trial and a senior's participation in grand jury proceedings

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 15, 2019	referred to codes

co-Sponsors

2019-S1655 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§660.20 & 190.25, CP L; amd §§155.00 & 155.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1650
2023-2024: S1127

2019-S1655 (ACTIVE) - Summary

Allows for the conditional examination of victims who are at least 75 years of age; amends the definition of larceny to ensure that alleged consent by a victim who is mentally disabled is a not a defense to larceny; permits a caregiver to accompany a vulnerable victim into the grand jury.

2019-S1655 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1655

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to conditional examination of seniors before trial and a
senior's participation in grand jury proceedings; and to amend the penal
law, in relation to defenses to larceny when the victim is mentally
disabled

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to the conditional examination of seniors before trial and a
senior's participation in grand jury proceedings

 
SUMMARY OF PROVISIONS:

Section 1: Allows seniors aged seventy-five or older to be examined
conditionally as witnesses rather than be subjected to the stresses of a
trial.

Section 2: Defines the term "mentally disabled" for purposes of the law.

Section 3: Bans an individual charged with larceny from defending
himself or herself by claiming that he or she had consent from the
victim to take his or her property, if the defendant knew or should have
known that the victim was mentally disabled.

Section 4: Adds "social worker or informal caregiver" for a vulnerable
elderly person to the list of individuals who may be present during
grand jury proceedings.

Section 5: Effective date.

 
JUSTIFICATION:

Senior citizens and individuals with mental disabilities face unique
challenges in the justice system. This bill addresses some of those
challenges by making it easier for seniors of advanced age or reduced
capacity to deal with criminal proceedings and harder for individuals
who steal from people with mental disabilities to get away with a crime.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1655 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1655
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  conditional
   examination  of  seniors  before trial and a senior's participation in
   grand jury proceedings; and to amend the penal  law,  in  relation  to
   defenses to larceny when the victim is mentally disabled
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 660.20 of the  criminal  procedure
 law is amended to read as follows:
   2. Will not be amenable or responsive to legal process or available as
 a  witness  at a time when his OR HER testimony will be sought, [either]
 because he OR SHE is:
   (a)  About to leave the state and not return for a substantial  period
 of time; [or]
   (b)  Physically ill or incapacited[.]; OR
   (C)  OF AN ADVANCED AGE, WHICH FOR THE PURPOSES OF THIS SECTION, SHALL
 MEAN SEVENTY-FIVE YEARS OF AGE OR OLDER.
   § 2. Section 155.00 of the penal law is amended by adding a new subdi-
 vision 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.
   § 3. Section 155.10 of the penal law is amended to read as follows:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06184-01-9

 S. 1655                             2
 
 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.
   §  4. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
 procedure law, as amended by chapter 347 of the laws of 2014, is amended
 and a new paragraph (i) is added to read as follows:
   (h) A social worker, rape  crisis  counselor,  psychologist  or  other
 professional providing emotional support to a child witness twelve years
 old  or  younger[, or a social worker or informal caregiver, as provided
 in subdivision two of section two hundred six of the elder  law,  for  a
 vulnerable  elderly  person  as provided in subdivision three of section
 260.31 of the penal law,] who is called to give evidence in a grand jury
 proceeding concerning a crime defined in article one hundred twenty-one,
 article one hundred thirty, article two hundred sixty,  section  120.10,
 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27
 of  the  penal  law  provided  that the district attorney consents. Such
 support person shall not provide the witness with an answer to any ques-
 tion or otherwise participate in such proceeding and shall first take an
 oath before the grand jury that he or she will keep secret  all  matters
 before such grand jury within his or her knowledge.
   (I)  A  SOCIAL WORKER OR INFORMAL CAREGIVER, AS DEFINED IN SUBDIVISION
 TWO OF SECTION TWO HUNDRED SIX OF THE ELDER LAW, FOR A VULNERABLE ELDER-
 LY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THE PENAL
 LAW, AS ADDED BY CHAPTER THREE HUNDRED EIGHTY-ONE OF THE LAWS  OF  NINE-
 TEEN  HUNDRED  NINETY-EIGHT,  WHO  IS CALLED TO GIVE EVIDENCE IN A GRAND
 JURY PROCEEDING,   CONCERNING ANY TYPE OF  OFFENSE,  PROVIDED  THAT  THE
 DISTRICT  ATTORNEY  CONSENTS.  SUCH SUPPORT PERSON SHALL NOT PROVIDE THE
 WITNESS WITH AN ANSWER TO ANY QUESTION OR OTHERWISE PARTICIPATE IN  SUCH
 PROCEEDING AND SHALL FIRST TAKE AN OATH BEFORE THE GRAND JURY THAT HE OR
 SHE  WILL  KEEP  SECRET ALL MATTERS BEFORE SUCH GRAND JURY WITHIN HIS OR
 HER KNOWLEDGE.
   § 5. This act shall take effect immediately.

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Senate Bill S1655

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Sponsored By

James Skoufis