NY State Senate Bill 2021-S5112

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 05, 2022	referred to codes
Feb 24, 2021	referred to codes

2021-S5112 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§155.00 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8105
2011-2012: S4725
2013-2014: S373
2015-2016: S1417
2017-2018: S660
2019-2020: S587
2023-2024: S5708

2021-S5112 (ACTIVE) - Summary

Includes the financial exploitation of the elderly or disabled within the definition of the crime of larceny; defines terms.

2021-S5112 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5112

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the penal law, in relation to financial exploitation of
the elderly and disabled

 
PURPOSE:

This bill will allow prosecutions for financial abuse of senior citizens
by amending the Penal Law to add a new crime of financial exploitation
of the elderly or disabled.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill amends section 155.00 of the New York State Penal Law by
adding a new paragraph regarding "Financial Exploitation of the Elderly
and Disabled.

Elderly means any person who is 60 years of age or older who is also

suffering from a disease or injury associated with advanced age.  Disa-
bled means any person who suffers from permanent physical or mental
impairment as a result of a disease, injury, functional disorder or
congenital condition to the extent that that person is incapable of
preventing or avoiding the commission of a larceny against himself or
herself.

A person in a position of trust is defined as any person who is the
parent, spouse, adult child or other relative by blood or affinity; or a
joint tenant or tenant in common or someone who has a fiduciary obli-
gation to the elderly or disabled person.  Intimidation is the communi-
cation that he or she will be deprived of food, nutrition, shelter,
medication, medical care or medical treatment.

Section 155.05 of the Penal Law is amended to make it a crime for a
person in a position of trust to compel or induce the elderly or disa-
bled person to deliver property by means of fraud, false promises,
extortion or intimidation.

 
JUSTIFICATION:

Presently, there arc no provisions in the Penal Law to specifically
address this growing problem. This has lead to instances where prosecu-
tors have not been able to bring sufficient charges against persons who
have exploited vulnerable senior citizens and disabled persons. Today,
approximately 45 states have criminal statutes to address financial
abuse of elderly and disabled persons. Prosecutors in New York have not
only seen an increasing amount of elder financial abuse cases, but have
also found that they cannot adequately prosecute this new type of crimi-
nal because present Larceny statutes do not specifically define this
type of theft. This has led to instances where prosecutors either have
been prevented from prosecuting these criminals or have had to resort to
cumbersome legal theories of prosecution that could be successfully
appealed by a convicted person.

As New York's senior population has increased, there has been a marked
increase in reported incidents of financial elder abuse. In most
instances, financial elder abuse involves the theft of money from a
senior's checking account, Certificate of Deposit and other bank
accounts. Often, the perpetrator is a family member, a close "friend" or
a caretaker who has frequent contact with the victim and has gained
their trust. This new section of the Penal Code addresses this new crime
and gives prosecutors the authority they need to successfully prosecute
these criminals. Specifically, it recognizes that senior citizens and
disabled persons are a special type of victim and creates new criteria
for elder financial abuse.

 
PRIOR LEGISLATIVE HISTORY:

2002 - A.3174 Referred to Assembly Codes Committee

2006 - A.1798 Referred to Assembly Codes Committee

2007 - A.305 Referred to Assembly Codes

2008 - A.305 Referred to Assembly Codes

2009 - S.8105 Referred to Codes/A.4163 Referred to Codes

2011 - S.4725  Passed Senate/A.2374 Referred to Codes

2013: S.373 Passed Senate/A.2898 Referred to Codes

2015 - S.1417 Passed Senate/A.9974 Referred to Codes

2017- S.660 Passed Senate

2019-20: S.587

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it becomes law.

2021-S5112 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5112
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD06903-01-1

 S. 5112                             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.
   §  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.
   § 3. 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 S5112

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S5112 (ACTIVE) - Details

2021-S5112 (ACTIVE) - Summary

2021-S5112 (ACTIVE) - Sponsor Memo

2021-S5112 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5112

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S5112 (ACTIVE) - Details

2021-S5112 (ACTIVE) - Summary

2021-S5112 (ACTIVE) - Sponsor Memo

2021-S5112 (ACTIVE) - Bill Text download pdf

Comments