NY State Senate Bill 2019-S351

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

2019-S351 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§260.31, 260.32, 260.34 & 70.02, add Part 4 Title Y-3 §§497.00 & 497.05, Pen L; amd §200.50, CP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4040
2021-2022: S175
2023-2024: S93

2019-S351 (ACTIVE) - Summary

Relates to vulnerable elderly persons; deletes references to caregiver to make any person who endangers the welfare of an elderly person guilty of provisions of the penal law.

2019-S351 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S351

SPONSOR: TEDISCO
 
TITLE OF BILL:  An act to amend the penal law and the criminal proce-
dure law, in relation to crimes against vulnerable elderly or disabled
persons

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide enhanced penalties for crimes committed against the elderly
or disabled that more accurately reflect the seriousness of those crimes
and are sufficient to deter criminals from targeting those individuals
as victims.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 260.31 of the penal law to remove the defi-
nition of "caregiver" and to amend the definition of "vulnerable elderly
person" to include persons seventy years of age or older.

Section 2 amends Section 260.32 of the Penal Law to remove the require-

ment that a person be a caregiver for a vulnerable elderly person in
order to be guilty of endangering the welfare of a Vulnerable Elderly
Person in the second degree. This change would make all people who
assault an elderly person guilty of this crime.

Section 3 amends Section 260.34 of the Penal Law making a similar to
change to Endangering the Welfare of a vulnerable Elderly Person in the
first degree.

Section 4 amends S70.02 of the penal law to make endangering the Welfare
of a vulnerable Elderly Person in the first and second degree a Class D
violent felony offense and a Class E violent felony offense, respective-
ly.

Section 5 adds a new Title Y-3 to the penal law to create a new crimes
against the elderly or disabled, which would raise the level of offense
by one level for specified crimes committed against a victim who the
defendant selected based on a perceived disability or age related
infirmity or illness, creates a rebuttable presumption that an apparent-
ly disabled or elderly person was selected due to their disability or
age related infirmity, and creates a second rebuttable presumption that
a person over the age of 70 appeared to the defendant to be elderly.

 
JUSTIFICATION:

Recently, there were two vicious attacks on New York's elderly popu-
lation. A 101-year-old woman from Queens was mugged on her way to church
and an 85-year old woman suffered a similar fate just a half-hour later.

The penalty such a robber would face for either robbery or assault upon
these victims are the same as had the assailant attacked a 25-year old
football player. In addition, criminals may target victims who appear
elderly or disabled due to a belief that such a person is less likely to
resist, less likely to defend themselves, or less able to report the
crime or details of the crime to law enforcement.

These assumptions may not be correct. People who appear to be elderly
may be in excellent physical and mental condition. People who appear
disabled may not be. And certainly people with disabilities or age
related illnesses or infirmities may be as ready and able to fight back
against a criminal, or providing incriminating testimony against a crim-
inal as a person without a disability or advanced age.

What makes the targeting of the elderly and disabled so heinous is that
the criminals select victims whom they believe to be easier targets,
exposing the criminal to less risk of failure or injury, or even less
risk of arrest or conviction in cases where they believe the victim will
not be willing or able to report the crime, give an accurate description
of the offender, or testify as to the events of the crime.

Criminals make calculated decisions as to their selection of victim,
balancing their potential ill-gotten gains against their risk of being
hurt or imprisoned. This legislation alters that equation by providing a
more serious penalty for crimes targeting people who might appear most
vulnerable.

 
PRIOR LEGISLATIVE HISTORY:

02/02/17: S.4040 REFERRED TO CODES
01/03/18: S.4040 REFERRED TO CODES

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
November 1 next succeeding the date on which it shall have become a law.

2019-S351 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    351
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to crimes against vulnerable elderly or disabled persons

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 260.31 of the penal law, as added by chapter 381 of
 the laws of 1998, subdivision 1 as amended, subdivision 4 as  added  and
 such section as renumbered by chapter 14 of the laws of 2010, and subdi-
 vision  2  as  amended by chapter 193 of the laws of 2010, is amended to
 read as follows:
 § 260.31 Vulnerable elderly persons; definitions.
   For the purpose of sections 260.32 and 260.34  of  this  article,  the
 following definitions shall apply:
   1.  ["Caregiver" means a person who (i) assumes responsibility for the
 care of a vulnerable elderly person, or  an  incompetent  or  physically
 disabled  person pursuant to a court order; or (ii) receives monetary or
 other valuable consideration for providing care for a vulnerable elderly
 person, or an incompetent or physically disabled person.
   2.] "Sexual contact" means any touching of the sexual or  other  inti-
 mate  parts  of  a person for the purpose of gratifying sexual desire of
 either party. It includes the touching of the actor by  the  victim,  as
 well  as  the  touching  of the victim by the actor, whether directly or
 through clothing, as well as the emission of ejaculate by the actor upon
 any part of the victim, clothed or unclothed.
   [3.] 2. "Vulnerable elderly person" means a person sixty years of  age
 or  older  who  is suffering from a disease or infirmity associated with
 advanced  age  and  manifested  by  demonstrable  physical,  mental   or
 emotional  dysfunction  to  the  extent  that the person is incapable of

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

                                                            LBD05177-01-9

 S. 351                              2
 
 adequately providing for his or her own health or  personal  care  OR  A
 PERSON SEVENTY YEARS OF AGE OR OLDER.
   [4.]  3. "Incompetent or physically disabled person" means an individ-
 ual who is unable to care for himself or  herself  because  of  physical
 disability, mental disease or defect.
   §  2. The opening paragraph and subdivision 4 of section 260.32 of the
 penal law, as amended by chapter 14 of the laws of 2010, are amended  to
 read as follows:
   A  person is guilty of endangering the welfare of a vulnerable elderly
 person, or an incompetent or physically disabled person  in  the  second
 degree  when[,  being a caregiver for a vulnerable elderly person, or an
 incompetent or physically disabled person]:
   4. He or she subjects  such  person  to  sexual  contact  without  the
 latter's  consent.  Lack  of consent under this subdivision results from
 forcible compulsion or incapacity to consent, as those terms are defined
 in article one hundred thirty of  this  [chapter]  PART,  or  any  other
 circumstances  in which the vulnerable elderly person, or an incompetent
 or physically disabled person does not expressly or impliedly  acquiesce
 [in  the caregiver's conduct]. In any prosecution under this subdivision
 in which the victim's alleged lack of consent results solely from  inca-
 pacity  to  consent  because of the victim's mental disability or mental
 incapacity, the provisions of section  130.16  of  this  [chapter]  PART
 shall  apply.  In addition, in any prosecution under this subdivision in
 which the victim's lack of consent is based solely upon his or her inca-
 pacity to consent because he or  she  was  mentally  disabled,  mentally
 incapacitated  or physically helpless, it is an affirmative defense that
 the defendant, at the time he or she engaged in the conduct constituting
 the offense, did not know of the facts  or  conditions  responsible  for
 such incapacity to consent.
   §  3.  The  opening  paragraph  of section 260.34 of the penal law, as
 amended by chapter 14 of the  laws  of  2010,  is  amended  to  read  as
 follows:
   A  person is guilty of endangering the welfare of a vulnerable elderly
 person, or an incompetent or physically disabled  person  in  the  first
 degree  when[,  being a caregiver for a vulnerable elderly person, or an
 incompetent or physically disabled person]:
   § 4. Paragraphs (c) and (d) of subdivision 1 of section 70.02  of  the
 penal  law,  paragraph (c) as amended by chapter 368 of the laws of 2015
 and paragraph (d) as amended by chapter 7  of  the  laws  of  2007,  are
 amended to read as follows:
   (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section 120.18, stalking in the first degree, as defined in  subdivision
 one  of section 120.60, strangulation in the second degree as defined in
 section 121.12, rape in the second degree as defined in section  130.30,
 criminal  sexual  act in the second degree as defined in section 130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual conduct against a child  in  the  second  degree  as  defined  in
 section  130.80,  aggravated sexual abuse in the third degree as defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance  as defined in section 130.90, labor trafficking as defined in
 paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
 possession  of  a  weapon  in the third degree as defined in subdivision
 five, six, seven, eight, nine or ten of section 265.02, criminal sale of

 S. 351                              3

 a firearm in the third degree as defined in section 265.11, intimidating
 a victim or witness in the second degree as defined in  section  215.16,
 ENDANGERING  THE  WELFARE  OF  A  VULNERABLE ELDERLY PERSON IN THE FIRST
 DEGREE AS DEFINED IN SECTION 260.34, soliciting or providing support for
 an  act  of terrorism in the second degree as defined in section 490.10,
 and making a terroristic threat as defined in  section  490.20,  falsely
 reporting  an incident in the first degree as defined in section 240.60,
 placing a false bomb or hazardous  substance  in  the  first  degree  as
 defined  in  section 240.62, placing a false bomb or hazardous substance
 in a sports stadium or arena, mass transportation facility  or  enclosed
 shopping  mall  as defined in section 240.63, and aggravated unpermitted
 use of indoor pyrotechnics in the first degree  as  defined  in  section
 405.18.
   (d)  Class  E  violent felony offenses:   ENDANGERING THE WELFARE OF A
 VULNERABLE ELDERLY PERSON IN THE SECOND DEGREE  AS  DEFINED  IN  SECTION
 260.32,  an attempt to commit any of the felonies of criminal possession
 of a weapon in the third degree as defined  in  subdivision  five,  six,
 seven  or  eight  of section 265.02 as a lesser included offense of that
 section as defined in section 220.20  of  the  criminal  procedure  law,
 persistent  sexual abuse as defined in section 130.53, aggravated sexual
 abuse in the fourth degree  as  defined  in  section  130.65-a,  falsely
 reporting  an incident in the second degree as defined in section 240.55
 and placing a false bomb or hazardous substance in the second degree  as
 defined in section 240.61.
   §  5.  Part 4 of the penal law is amended by adding a new title Y-3 to
 read as follows:
                                 TITLE Y-3
                            CRIMES AGAINST THE
                            ELDERLY OR DISABLED
                                ARTICLE 497
                            CRIMES AGAINST THE
                            ELDERLY OR DISABLED
 SECTION 497.00 CRIMES AGAINST THE ELDERLY OR DISABLED.
         497.05 SENTENCING.
 § 497.00 CRIMES AGAINST THE ELDERLY OR DISABLED.
   1. A PERSON COMMITS A CRIME AGAINST THE ELDERLY OR DISABLED WHEN HE OR
 SHE COMMITS A SPECIFIED OFFENSE AND EITHER:
   (A) INTENTIONALLY SELECTS THE  PERSON  AGAINST  WHOM  THE  OFFENSE  IS
 COMMITTED  OR  INTENDED  TO BE COMMITTED IN WHOLE OR IN SUBSTANTIAL PART
 BECAUSE OF A BELIEF OR PERCEPTION REGARDING THE DISABILITY STATUS OR AGE
 RELATED INFIRMITY OR DISEASE OF A  PERSON,  REGARDLESS  OF  WHETHER  THE
 BELIEF OR PERCEPTION IS CORRECT; OR
   (B)  INTENTIONALLY COMMITS THE ACT OR ACTS CONSTITUTING THE OFFENSE IN
 WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING
 DISABILITY STATUS OR AGE RELATED  INFIRMITY  OR  DISEASE  OF  A  PERSON,
 REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT.
   2.  FOR  THE  PURPOSE  OF  THIS  SECTION: (A) WHEN A PERSON REASONABLY
 APPEARS TO HAVE A DISABILITY OR AN AGE  RELATED  INFIRMITY  OR  DISEASE,
 THERE  SHALL  BE  A  REBUTTABLE  PRESUMPTION  THE DEFENDANT SELECTED THE
 PERSON AGAINST WHOM THE OFFENSE OR ACT IS COMMITTED OR  INTENDED  TO  BE
 COMMITTED, IN WHOLE OR IN PART BECAUSE OF A BELIEF OR PERCEPTION REGARD-
 ING  THE  DISABILITY  STATUS OR AGE RELATED INFIRMITY OR DISEASE OF SUCH
 PERSON; AND (B) WHEN A PERSON IS SEVENTY YEARS OLD OR MORE, THERE  SHALL
 BE A REBUTTABLE PRESUMPTION THAT SUCH PERSON APPEARS TO HAVE A DISABILI-
 TY OR AN AGE RELATED INFIRMITY.

 S. 351                              4
 
   3. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED BY ANY OF THE FOLLOWING
 PROVISIONS  OF  THIS  CHAPTER:  SECTION  120.00  (ASSAULT  IN  THE THIRD
 DEGREE); SECTION 120.05 (ASSAULT IN THE SECOND DEGREE);  SECTION  120.10
 (ASSAULT IN THE FIRST DEGREE); SECTION 120.12 (AGGRAVATED ASSAULT UPON A
 PERSON  LESS  THAN  ELEVEN  YEARS  OLD); SECTION 120.13 (MENACING IN THE
 FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND  DEGREE);  SECTION
 120.15  (MENACING  IN THE THIRD DEGREE); SECTION 120.20 (RECKLESS ENDAN-
 GERMENT IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS ENDANGERMENT  IN
 THE  FIRST  DEGREE);  SECTION  120.45  (STALKING  IN THE FOURTH DEGREE);
 SECTION 120.50 (STALKING IN THE THIRD DEGREE); SECTION 120.55  (STALKING
 IN  THE  SECOND  DEGREE); SECTION 120.60 (STALKING IN THE FIRST DEGREE);
 SUBDIVISION ONE OF SECTION 125.15 (MANSLAUGHTER IN THE  SECOND  DEGREE);
 SUBDIVISION  ONE,  TWO  OR  FOUR  OF SECTION 125.20 (MANSLAUGHTER IN THE
 FIRST DEGREE); SECTION 125.25 (MURDER IN THE SECOND DEGREE); SUBDIVISION
 ONE OF SECTION 130.35 (RAPE IN THE FIRST  DEGREE);  SUBDIVISION  ONE  OF
 SECTION  130.50  (CRIMINAL  SEXUAL ACT IN THE FIRST DEGREE); SUBDIVISION
 ONE OF SECTION 130.65 (SEXUAL ABUSE IN THE FIRST DEGREE); PARAGRAPH  (A)
 OF  SUBDIVISION  ONE  OF  SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE
 SECOND DEGREE); PARAGRAPH (A)  OF  SUBDIVISION  ONE  OF  SECTION  130.70
 (AGGRAVATED  SEXUAL ABUSE IN THE FIRST DEGREE); SECTION 135.05 (UNLAWFUL
 IMPRISONMENT IN THE SECOND DEGREE); SECTION 135.10  (UNLAWFUL  IMPRISON-
 MENT  IN  THE  FIRST  DEGREE);  SECTION 135.20 (KIDNAPPING IN THE SECOND
 DEGREE); SECTION 135.25 (KIDNAPPING IN THE FIRST DEGREE); SECTION 135.60
 (COERCION IN THE SECOND DEGREE); SECTION 135.65 (COERCION IN  THE  FIRST
 DEGREE); SECTION 140.10 (CRIMINAL TRESPASS IN THE THIRD DEGREE); SECTION
 140.15  (CRIMINAL TRESPASS IN THE SECOND DEGREE); SECTION 140.17 (CRIMI-
 NAL TRESPASS IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY IN THE THIRD
 DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION  140.30
 (BURGLARY IN THE FIRST DEGREE); SECTION 145.00 (CRIMINAL MISCHIEF IN THE
 FOURTH  DEGREE); SECTION 145.05 (CRIMINAL MISCHIEF IN THE THIRD DEGREE);
 SECTION 145.10 (CRIMINAL MISCHIEF IN THE SECOND DEGREE); SECTION  145.12
 (CRIMINAL  MISCHIEF  IN  THE FIRST DEGREE); SECTION 150.05 (ARSON IN THE
 FOURTH DEGREE); SECTION 150.10 (ARSON  IN  THE  THIRD  DEGREE);  SECTION
 150.15  (ARSON IN THE SECOND DEGREE); SECTION 150.20 (ARSON IN THE FIRST
 DEGREE); SECTION 155.25 (PETIT LARCENY); SECTION 155.30  (GRAND  LARCENY
 IN  THE  FOURTH  DEGREE);  SECTION  155.35  (GRAND  LARCENY IN THE THIRD
 DEGREE); SECTION 155.40 (GRAND LARCENY IN THE  SECOND  DEGREE);  SECTION
 155.42  (GRAND  LARCENY IN THE FIRST DEGREE); SECTION 160.05 (ROBBERY IN
 THE THIRD DEGREE);  SECTION  160.10  (ROBBERY  IN  THE  SECOND  DEGREE);
 SECTION 160.15 (ROBBERY IN THE FIRST DEGREE); SECTION 240.25 (HARASSMENT
 IN  THE  FIRST  DEGREE);  SUBDIVISION ONE, TWO OR FOUR OF SECTION 240.30
 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE); OR ANY ATTEMPT OR CONSPIR-
 ACY TO COMMIT ANY OF THE FOREGOING OFFENSES.
   4. FOR THE PURPOSES OF THIS SECTION:
   (A) A PERSON HAS AN AGE RELATED INFIRMITY OR DISEASE WHEN, BEING SIXTY
 YEARS OLD OR MORE, SUCH PERSON HAS  A  PHYSICAL  OR  MENTAL  DISEASE  OR
 INFIRMITY,  TYPICALLY  ASSOCIATED WITH ADVANCED AGE, WHICH SUBSTANTIALLY
 LIMITS A MAJOR LIFE ACTIVITY;
   (B) THE TERM "SUBSTANTIAL PART" INCLUDES BUT IS NOT LIMITED TO CIRCUM-
 STANCES IN WHICH A DEFENDANT SELECTS A PERSON AGAINST WHOM TO COMMIT  OR
 ATTEMPT TO COMMIT A CRIME DUE TO A BELIEF OR PERCEPTION THAT SUCH PERSON
 IS  LESS  LIKELY  TO RESIST OR BE ABLE TO RESIST SUCH CRIME DUE TO THEIR
 DISABILITY OR AGE RELATED INFIRMITY OR DISEASE,  REGARDLESS  OF  WHETHER
 SUCH BELIEF OR PERCEPTION IS CORRECT;
   (C)  THE  TERM "DISABILITY" MEANS A PHYSICAL OR MENTAL IMPAIRMENT THAT
 SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY; AND

 S. 351                              5

   (D) THE TERM "RESIST" INCLUDES, IN ADDITION TO  ITS  REGULAR  MEANING,
 REPORTING  SUCH  CRIME  TO  LAW  ENFORCEMENT,  OBSERVING,  RECALLING, OR
 REPORTING KEY FEATURES OF ANY  ACT  OR  CHARACTERISTIC  OF  A  DEFENDANT
 RELATED TO SUCH CRIME, OR PROVIDING EVIDENCE TO AID IN THE INVESTIGATION
 OR PROSECUTION OF SUCH CRIME.
 § 497.05 SENTENCING.
   1.  WHEN A PERSON IS CONVICTED OF A CRIME AGAINST THE ELDERLY OR DISA-
 BLED PURSUANT TO THIS ARTICLE, AND THE SPECIFIED OFFENSE  IS  A  VIOLENT
 FELONY  OFFENSE,  AS DEFINED IN SECTION 70.02 OF THIS CHAPTER, THE CRIME
 AGAINST THE ELDERLY  OR  DISABLED  SHALL  BE  DEEMED  A  VIOLENT  FELONY
 OFFENSE.
   2.  WHEN A PERSON IS CONVICTED OF A CRIME AGAINST THE ELDERLY OR DISA-
 BLED PURSUANT TO THIS ARTICLE AND THE SPECIFIED OFFENSE IS A MISDEMEANOR
 OR A CLASS C, D OR E FELONY, THE CRIME AGAINST THE ELDERLY  OR  DISABLED
 SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE
 DEFENDANT  COMMITTED,  OR  ONE  CATEGORY  HIGHER  THAN THE OFFENSE LEVEL
 APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
 COMMIT A SPECIFIED OFFENSE, WHICHEVER IS APPLICABLE.
   3. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  WHEN  A  PERSON  IS
 CONVICTED  OF  A  CRIME AGAINST THE ELDERLY OR DISABLED PURSUANT TO THIS
 ARTICLE AND THE SPECIFIED OFFENSE IS A CLASS B FELONY OFFENSE:
   (A) THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE MUST  BE  AT  LEAST
 SIX  YEARS  IF  THE  DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.00 OF
 THIS CHAPTER;
   (B) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST EIGHT  YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.02 OF THIS CHAPTER;
   (C) THE TERM OF THE DETERMINATE SENTENCE MUST BE AT LEAST TWELVE YEARS
 IF THE DEFENDANT IS SENTENCED PURSUANT TO SECTION 70.04 OF THIS CHAPTER;
   (D)  THE  MAXIMUM  TERM OF THE INDETERMINATE SENTENCE MUST BE AT LEAST
 FOUR YEARS IF THE DEFENDANT IS SENTENCED PURSUANT TO  SECTION  70.05  OF
 THIS CHAPTER; AND
   (E)  THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE OR THE TERM OF THE
 DETERMINATE SENTENCE MUST BE AT LEAST TEN  YEARS  IF  THE  DEFENDANT  IS
 SENTENCED PURSUANT TO SECTION 70.06 OF THIS CHAPTER.
   4.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  WHEN A PERSON IS
 CONVICTED OF CRIME AGAINST THE ELDERLY  OR  DISABLED  PURSUANT  TO  THIS
 ARTICLE  AND  THE  SPECIFIED  OFFENSE IS A CLASS A-1 FELONY, THE MINIMUM
 PERIOD OF THE INDETERMINATE SENTENCE  SHALL  BE  NOT  LESS  THAN  TWENTY
 YEARS.
   §  6. Subdivisions 4 and 7 of section 200.50 of the criminal procedure
 law, subdivision 4 as amended by section 15 of subpart A of  part  H  of
 chapter 55 of the laws of 2014 and subdivision 7 as amended by chapter 7
 of the laws of 2007, are amended to read as follows:
   4.  A statement in each count that the grand jury, or, where the accu-
 satory instrument is a superior court information, the  district  attor-
 ney,  accuses  the  defendant  or  defendants  of  a designated offense,
 provided that in any prosecution under article four hundred  eighty-five
 of the penal law, the designated offense shall be the specified offense,
 as  defined  in  subdivision  three  of section 485.05 of the penal law,
 followed by the phrase "as a hate crime", and provided further  that  in
 any  prosecution  under  section 490.25 of the penal law, the designated
 offense shall be the specified offense, as defined in subdivision  three
 of  section  490.05 of the penal law, followed by the phrase "as a crime
 of terrorism"; and  provided  further  that  in  any  prosecution  under
 section  130.91  of  the  penal law, the designated offense shall be the
 specified offense, as defined in subdivision two of  section  130.91  of

 S. 351                              6

 the  penal law, followed by the phrase "as a sexually motivated felony";
 AND PROVIDED FURTHER THAT IN ANY PROSECUTION UNDER SECTION 497.00 OF THE
 PENAL LAW, THE DESIGNATED OFFENSE SHALL BE  THE  SPECIFIED  OFFENSE,  AS
 DEFINED  IN  SUBDIVISION  THREE  OF  SECTION  497.00  OF  THE PENAL LAW,
 FOLLOWED BY THE PHRASE "AS A CRIME AGAINST THE ELDERLY OR DISABLED"; and
 provided further that in any prosecution under  section  496.06  of  the
 penal  law,  the  designated  offense shall be the specified offense, as
 defined in subdivision two of such section, followed by the phrase "as a
 public corruption crime"; and
   7. A plain and concise factual statement in each count which,  without
 allegations of an evidentiary nature,
   (a)  asserts facts supporting every element of the offense charged and
 the defendant's or defendants' commission thereof with sufficient preci-
 sion to clearly apprise the defendant or defendants of the conduct which
 is the subject of the accusation; and
   (b) in the case of any armed felony, as defined in subdivision  forty-
 one  of  section  1.20,  states that such offense is an armed felony and
 specifies  the  particular  implement  the   defendant   or   defendants
 possessed,  were  armed  with,  used  or displayed or, in the case of an
 implement displayed, specifies what the implement appeared to be; and
   (c) in the case of any hate crime, as defined in section 485.05 of the
 penal law, specifies, as applicable, that the  defendant  or  defendants
 intentionally selected the person against whom the offense was committed
 or  intended to be committed; or intentionally committed the act or acts
 constituting the offense, in whole or in substantial part because  of  a
 belief  or perception regarding the race, color, national origin, ances-
 try, gender, religion, religious practice,  age,  disability  or  sexual
 orientation of a person; and
   (d)  in the case of a crime of terrorism, as defined in section 490.25
 of the penal law,  specifies,  as  applicable,  that  the  defendant  or
 defendants  acted  with  intent to intimidate or coerce a civilian popu-
 lation, influence the policy of a unit of government by intimidation  or
 coercion,  or  affect  the  conduct  of  a unit of government by murder,
 assassination or kidnapping; and
   (e) in the case of a sexually motivated felony, as defined in  section
 130.91  of  the  penal law, asserts facts supporting the allegation that
 the offense was sexually motivated; and
   (F) IN THE CASE OF ANY CRIME  AGAINST  THE  ELDERLY  OR  DISABLED,  AS
 DEFINED  IN  SECTION  497.00 OF THE PENAL LAW, SPECIFIES, AS APPLICABLE,
 THAT THE DEFENDANT  OR  DEFENDANTS  INTENTIONALLY  SELECTED  THE  PERSON
 AGAINST  WHOM  THE OFFENSE WAS COMMITTED OR INTENDED TO BE COMMITTED; OR
 INTENTIONALLY COMMITTED THE ACT OR ACTS  CONSTITUTING  THE  OFFENSE,  IN
 WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A BELIEF OR PERCEPTION REGARDING
 THE  DISABILITY  STATUS OR AGE RELATED INFIRMITY OR DISEASE OF A PERSON;
 AND
   § 7. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S351

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S351 (ACTIVE) - Details

2019-S351 (ACTIVE) - Summary

2019-S351 (ACTIVE) - Sponsor Memo

2019-S351 (ACTIVE) - Bill Text download pdf

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Senate Bill S351

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Sponsored By

James Tedisco

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S351 (ACTIVE) - Details

2019-S351 (ACTIVE) - Summary

2019-S351 (ACTIVE) - Sponsor Memo

2019-S351 (ACTIVE) - Bill Text download pdf

Comments