NY State Senate Bill 2019-S7712

Senate Bill S7712

2019-2020 Legislative Session

Incorporates identity theft into the definition of elder abuse for purposes of support services and programs for elder persons

download bill text pdf

Archive: Last Bill Status - In Assembly 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2020	referred to aging delivered to assembly passed senate
Mar 11, 2020	advanced to third reading
Mar 10, 2020	2nd report cal.
Mar 04, 2020	1st report cal.582
Feb 10, 2020	referred to aging

Votes

- Jul 21, 2020 - Floor Vote
  S7712
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 21, 2020
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Mar 4, 2020 - Aging Committee Vote
  S7712
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: Mar 4, 2020
      
      aye (7)
      
      Addabbo Jr.
      
      Biaggi
      
      Jacobs
      
      May
      
      Serino
      
      Serrano
      
      Thomas

co-Sponsors

2019-S7712 (ACTIVE) - Details

See Assembly Version of this Bill:: A10064
Current Committee:: Assembly Aging
Law Section:: Elder Law
Laws Affected:: Amd §§209, 202, 215, 217 & 214-c, Eld L; amd §21-201, NYC Ad Cd
Versions Introduced in 2021-2022 Legislative Session:: S1560, A1994

2019-S7712 (ACTIVE) - Summary

Incorporates identity theft into the definition of elder abuse for purposes of support services and programs for elder persons.

2019-S7712 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7712

SPONSOR: MAY
 
TITLE OF BILL:

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

 
PURPOSE::

The purpose of this bill is to protect seniors from fraudulent use of
personal information by authorizing support services on identity theft
through non-profit agencies and the state police.

 
SUMMARY OF PROVISIONS::

The bill adds a definition of "elder abuse and exploitation" to subdivi-
sion 1 of section 209 of the elder law and incorporates identity theft
in the list of eligible support services through the naturally occurring

retirement communities (NORCS) programs.  The bill amends section 214-c
of the executive law to provide that identity theft shall be one of the
many forms of elder abuse that the Office of the Aging and the state
police address in their educational materials for police officers' use
when encountering such abuse.  The bill amends subdivision e of section
21-201of the administrative code of the city of New York to add identity
theft to the definition of elder abuse.

 
JUSTIFICATION::

The unlawful use of an individual's personal identification information
such as social security number, driver's license information, or bank
and credit card account can result in terrible consequences lasting
years. In its worst form it can leave the older victim bankrupt and
without assets in their retirement. The Federal Trade Commission (FTC)
estimates that as many as 9 million American adults have their identi-
ties stolen each year. The crime takes many forms and may go undetected
for long periods; it often is not discovered until a review of a credit
card statement or receipt of notice for charges not made-or worse, until
the person is contacted by a debt collector. (Source: Federal Trade
Commission, NYS Attorney General's Office).

While older adults are not the exclusive targets of identity theft, they
can be especially susceptible to victimization as they often need to
share their personal information with caregivers, medical providers'
offices, government agencies, and over the internet. The impact of iden-
tity theft can be devastating for older adult victims who are unable to
restore stolen funds through employment. A recent study by the Office of
Children and Family Services found that the cost of financial exploita-
tion of adults in New York is over $1 billion dollars yet state law does
not currently include identity theft in the definition of "elder abuse".
With this legislation our aging support services groups and our law
enforcement teams will be able to use available resources to help
seniors, the fastest growing sector of our population, from identity
theft in its many forms.

 
LEGISLATIVE HISTORY::

New bill

 
FISCAL IMPLICATIONS::

None

 
LOCAL FISCAL IMPLICATIONS::

Minimal

 
EFFECTIVE DATE::

Immediately

2019-S7712 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7712
 
                             I N  S E N A T E
 
                             February 10, 2020
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed 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

 S. 7712                             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.

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Senate Bill S7712

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Sponsored By

Rachel May