NY State Senate Bill 2021-S6365

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
Apr 26, 2021	referred to codes

2021-S6365 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§60.35, 120.05, 135.30, 135.45 & 140.10, add Art 261 §§261.00 - 261.40, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5274
2013-2014: S3906
2015-2016: S3646
2017-2018: S544
2019-2020: S1573
2023-2024: S2525

2021-S6365 (ACTIVE) - Summary

Establishes criminal offenses committed against the elderly or disabled persons.

2021-S6365 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6365

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing a mandatory
senior anti-violence services fee imposed upon conviction of a criminal
offense and offenses against the elderly and disabled

 
PURPOSE:

To establish specific criminal offenses committed against the elderly or
disabled and the creation of a senior anti-violence services fee.

 
SUMMARY OF PROVISIONS:

Sections 1: The section heading and subdivision 1 of section 60.35 of
the penal law, as amended by section 1 of part E of chapter 56 of the
laws of 2004, subparagraphs (i), (ii) and (iii) of paragraph (a) of
subdivision 1 as amended by section 1 of part DD of chapter 56 of the
laws of 2008 and paragraph (b) of subdivision 1 as amended by chapter

320 of the laws of 2006 are amended to make reference to a senior anti-
violence services fee.

Section 2: The penal law is amended by adding a new article 261 to
create offenses against the elderly and disabled. This article defines
for the purpose of this section the terms "caregiver," "sexual contact,"
"vulnerable elderly person," "elderly person," and "disabled person." A
presumption is created that one of the above persons was chosen in whole
or in part as a victim of a crime because of a belief that such victim
is elderly and/or disabled. The following new crimes are created:
1)Abandonment of an elderly or disabled person; 2) Endangering the
welfare of an elderly or disabled person; 3) Endangering the welfare of
a vulnerable elderly person or a disabled person in the second degree;
and 4) Endangering the welfare of a vulnerable elderly person or a disa-
bled person in the first degree. This section also includes affirmative
defense and corroboration language in relation to the conviction of
these above new crimes.

Section 3: Section 120.05 of the penal law is amended by adding a new
subdivision 13, which sets parameters of age for a perpetrator and age
and level of impairment of a victim for the purposes of this act.

Section 4: Section 135.30 of the penal law is amended to make a
provision, which shall not be an affirmative defense in the prosecution
of kidnapping.

Section 5: Section 135.45 of the penal law is amended by adding a new
subdivision 3 in relation to enticing a person sixty years of age or
older or who has a physical or mental impairment. Section 6: Section
140.10 of the penal law is amended by adding a new subdivision (h)
relating to a dwelling being occupied by an elderly or physically or
mentally disabled person.

Section 7: Provides a severability clause.

Section 8: Sets forth an immediate effective date.

 
JUSTIFICATION:
Members of the senior citizen community often times must rely on the
care of others to carry out daily tasks. They are a community vulnerable
to abuse, and this legislation will ensure that there are protections in
place that will hold those who would abuse an elderly person, a person
who often times cannot protect themselves, accountable for their cruel-
ty.

We must ensure family members who are unable to care for their loved
ones and entrust their care to outside sources, like nursing homes, home
health aides, and visiting nurse services, that their elderly family
members are protected, and that when abuse does occur, the people who
commit those abuses will be punished to the full extent of the law. It
is our duty to protect those in our society who are vulnerable, and this
legislation ensures the protection of New York's elderly.

 
LEGISLATIVE HISTORY:

2019-2020: S.1573 referred to Codes
2018: S.544 referred to Codes
2017: S.544 referred to Aging, discharged and committed to Codes
2015-2016: S.3646-A/A.6059-A referred to Codes
2013-2014: S.3906 referred to Codes
2011-2012: S.5274 referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6365 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6365
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 establishing  a  mandatory
   senior  anti-violence services fee imposed upon conviction of a crimi-
   nal offense and offenses against the elderly and disabled

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The section heading and subdivision 1 of section 60.35 of
 the penal law, as amended by section 1 of part E of chapter  56  of  the
 laws  of  2004,  subparagraphs  (i),  (ii) and (iii) of paragraph (a) of
 subdivision 1 as amended by section 1 of part DD of chapter  56  of  the
 laws  of  2008  and paragraph (b) of subdivision 1 as amended by chapter
 320 of the laws of 2006, are amended to read as follows:
   Mandatory surcharge, sex offender registration fee, DNA databank  fee,
 supplemental  sex offender victim fee [and], crime victim assistance AND
 A SENIOR ANTI-VIOLENCE SERVICES fee required in certain cases.
   1. (a) Except as provided in section  eighteen  hundred  nine  of  the
 vehicle  and  traffic law and section 27.12 of the parks, recreation and
 historic preservation law, whenever  proceedings  in  an  administrative
 tribunal or a court of this state result in a conviction for a felony, a
 misdemeanor, or a violation, as these terms are defined in section 10.00
 of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
 surcharge, sex offender registration fee,  DNA  databank  fee  [and],  a
 crime  victim  assistance fee AND A SENIOR ANTI-VIOLENCE SERVICES FEE in
 addition to any sentence required or permitted  by  law,  in  accordance
 with the following schedule:
   (i)  a person convicted of a felony shall pay a mandatory surcharge of
 three hundred dollars [and], a crime victim assistance  fee  of  twenty-
 five dollars, AND A SENIOR ANTI-VIOLENCE SERVICES FEE OF FIFTY DOLLARS;
   (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
 surcharge of one hundred seventy-five  dollars  [and],  a  crime  victim
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10897-01-1

 S. 6365                             2
 
 assistance  fee  of  twenty-five  dollars,  AND  A  SENIOR ANTI-VIOLENCE
 SERVICES FEE OF FIFTY DOLLARS;
   (iii)  a  person  convicted  of  a  violation  shall  pay  a mandatory
 surcharge of ninety-five dollars [and], a crime victim assistance fee of
 twenty-five dollars, AND A SENIOR ANTI-VIOLENCE SERVICES  FEE  OF  FIFTY
 DOLLARS;
   (iv) a person convicted of a sex offense as defined by subdivision two
 of section one hundred sixty-eight-a of the correction law or a sexually
 violent  offense  as defined by subdivision three of section one hundred
 sixty-eight-a of the correction law shall, in addition  to  a  mandatory
 surcharge  and crime victim assistance fee, pay a sex offender registra-
 tion fee of fifty dollars[.], AND A SENIOR ANTI-VIOLENCE SERVICES FEE OF
 FIFTY DOLLARS;
   (v) a person convicted of a designated offense as defined by  subdivi-
 sion  seven  of  section  nine  hundred ninety-five of the executive law
 shall, in addition to a mandatory surcharge and crime victim  assistance
 fee, pay a DNA databank fee of fifty dollars, AND A SENIOR ANTI-VIOLENCE
 SERVICES FEE OF FIFTY DOLLARS.
   (b)  When  the  felony  or  misdemeanor  conviction in [subparagraphs]
 SUBPARAGRAPH (i), (ii) or (iv) of  paragraph  (a)  of  this  subdivision
 results  from an offense contained in article one hundred thirty of this
 chapter, incest in the third, second  or  first  degree  as  defined  in
 sections  255.25,  255.26  and  255.27  of  this  chapter  or an offense
 contained in article two hundred sixty-three of this chapter, the person
 convicted shall pay a supplemental sex offender victim fee of one  thou-
 sand  dollars,  AND  A SENIOR ANTI-VIOLENCE SERVICES FEE OF FIVE HUNDRED
 DOLLARS, in addition to the mandatory surcharge and any other fee.
   § 2. The penal law is amended by adding a new article 261 to  read  as
 follows:
 
                                ARTICLE 261
                 OFFENSES AGAINST THE ELDERLY AND DISABLED
 SECTION 261.00 ELDERLY,  VULNERABLE  ELDERLY AND DISABLED PERSONS; DEFI-
                  NITIONS.
         261.05 CRIMES AGAINST THE ELDERLY AND DISABLED; PRESUMPTION.
         261.10 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON.
         261.15 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON; DEFENSE.
         261.20 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON.
         261.25 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON;
                  CORROBORATION.
         261.30 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON;
                  DEFENSE.
         261.35 ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY PERSON OR
                  A DISABLED PERSON IN THE SECOND DEGREE.
         261.40 ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY PERSON OR
                  A DISABLED PERSON IN THE FIRST DEGREE.
 
 § 261.00 ELDERLY, VULNERABLE ELDERLY AND DISABLED PERSONS; DEFINITIONS.
   FOR THE PURPOSE OF  THIS  ARTICLE,  THE  FOLLOWING  DEFINITIONS  SHALL
 APPLY:
   1.  "CAREGIVER"  MEANS A PERSON WHO (A) ASSUMES RESPONSIBILITY FOR THE
 CARE OF A VULNERABLE ELDERLY PERSON PURSUANT TO A COURT  ORDER;  OR  (B)
 RECEIVES MONETARY OR OTHER VALUABLE CONSIDERATION FOR PROVIDING CARE FOR
 A VULNERABLE ELDERLY PERSON.
   2. "SEXUAL CONTACT" MEANS ANY TOUCHING OF THE SEXUAL OR OTHER INTIMATE
 PARTS OF A PERSON NOT MARRIED TO THE ACTOR FOR THE PURPOSE OF GRATIFYING

 S. 6365                             3
 
 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.
   3.  "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
 ADEQUATELY PROVIDING FOR HIS OR HER OWN HEALTH OR PERSONAL CARE.
   4. "ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER.
   5.  "DISABLED  PERSON"  MEANS  A  PERSON  WHO HAS A PHYSICAL OR MENTAL
 IMPAIRMENT THAT SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY.
 § 261.05 CRIMES AGAINST THE ELDERLY AND DISABLED; PRESUMPTION.
   IN ANY CASE IN WHICH IT SHALL BE  SHOWN  THAT  A  PERSON  INTENDED  TO
 COMMIT  A  SPECIFIED OFFENSE PURSUANT TO SECTION 485.05 OF THIS CHAPTER,
 IT SHALL BE A REBUTTAL PRESUMPTION THAT THE PERSON SELECTED  THE  VICTIM
 OR  COMMITTED  OR  INTENDED  TO  COMMIT THE ACT OR ACTS CONSTITUTING THE
 OFFENSE IN WHOLE OR IN SUBSTANTIAL PART BECAUSE OF A  BELIEF  THAT  SUCH
 VICTIM IS ELDERLY OR DISABLED.
 § 261.10 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON.
   A  PERSON  IS  GUILTY  OF ABANDONMENT OF AN ELDERLY OR DISABLED PERSON
 WHEN, BEING A PERSON LEGALLY CHARGED WITH THE  CARE  OR  CUSTODY  OF  AN
 ELDERLY  OR  DISABLED PERSON, HE OR SHE DESERTS SUCH PERSON IN ANY PLACE
 WITH INTENT TO WHOLLY ABANDON HIM OR HER.
   ABANDONMENT OF AN ELDERLY OR DISABLED PERSON IS A CLASS E FELONY.
 § 261.15 ABANDONMENT OF AN ELDERLY OR DISABLED PERSON; DEFENSE.
   IN ANY PROSECUTION FOR ABANDONMENT OF AN ELDERLY OR  DISABLED  PERSON,
 PURSUANT  TO  SECTION  261.10  OF  THIS  ARTICLE,  BASED UPON AN ALLEGED
 DESERTION OF AN ELDERLY OR DISABLED PERSON  WITH  AN  INTENT  TO  WHOLLY
 ABANDON SUCH AN ELDERLY OR DISABLED PERSON, IT IS AN AFFIRMATIVE DEFENSE
 THAT,  WITH  THE INTENT THAT THE ELDERLY OR DISABLED PERSON BE SAFE FROM
 PHYSICAL INJURY AND CARED FOR IN AN APPROPRIATE  MANNER,  THE  DEFENDANT
 LEFT  THE  ELDERLY OR DISABLED PERSON WITH AN APPROPRIATE PERSON OR IN A
 SUITABLE LOCATION AND PROMPTLY NOTIFIED AN  APPROPRIATE  PERSON  OF  THE
 ELDERLY OR DISABLED PERSON'S LOCATION.
 § 261.20 ENDANGERING THE WELFARE OF AN ELDERLY OR DISABLED PERSON.
   A  PERSON  IS GUILTY OF ENDANGERING THE WELFARE OF AN ELDERLY OR DISA-
 BLED PERSON WHEN BEING A PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY
 OF AN ELDERLY OR DISABLED PERSON:
   1. HE OR SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO  THE
 PHYSICAL,  MENTAL  OR MORAL WELFARE OF AN ELDERLY OR DISABLED PERSON, OR
 DIRECTS OR AUTHORIZES SUCH AN ELDERLY OR DISABLED PERSON, TO  ENGAGE  IN
 AN  OCCUPATION INVOLVING A SUBSTANTIAL RISK OF DANGER TO HIS OR HER LIFE
 OR HEALTH; OR
   2. HE OR SHE FAILS OR REFUSES TO EXERCISE REASONABLE DILIGENCE IN  THE
 CONTROL  OF  SUCH  ELDERLY OR DISABLED PERSON TO PREVENT HIM OR HER FROM
 PHYSICAL, MENTAL OR MORAL INJURY, OR FROM ENGAGING IN ACTS  INVOLVING  A
 SUBSTANTIAL RISK OF DANGER TO HIS OR HER LIFE OR HEALTH.
   ENDANGERING  THE WELFARE OF AN ELDERLY OR DISABLED PERSON IS A CLASS A
 MISDEMEANOR.
 § 261.25 ENDANGERING THE WELFARE  OF  AN  ELDERLY  OR  DISABLED  PERSON;
            CORROBORATION.
   A  PERSON  SHALL  NOT  BE  CONVICTED  OF ENDANGERING THE WELFARE OF AN
 ELDERLY OR DISABLED PERSON, OR OF AN ATTEMPT TO COMMIT  THE  SAME,  UPON
 THE  TESTIMONY OF A VICTIM WHO IS INCAPABLE OF CONSENT BECAUSE OF MENTAL
 DEFECT OR MENTAL INCAPACITY AS TO CONDUCT THAT CONSTITUTES AN OFFENSE OR
 AN ATTEMPT TO COMMIT AN OFFENSE REFERRED TO IN SECTION  130.16  OF  THIS

 S. 6365                             4
 
 PART,  WITHOUT ADDITIONAL EVIDENCE SUFFICIENT PURSUANT TO SECTION 130.16
 OF THIS PART TO SUSTAIN A  CONVICTION  OF  AN  OFFENSE  REFERRED  TO  IN
 SECTION 130.16 OF THIS PART, OR OF AN ATTEMPT TO COMMIT THE SAME.
 §  261.30 ENDANGERING  THE  WELFARE  OF  AN  ELDERLY OR DISABLED PERSON;
            DEFENSE.
   IN ANY PROSECUTION FOR ENDANGERING THE WELFARE OF AN ELDERLY OR  DISA-
 BLED PERSON, PURSUANT TO SECTION 261.20 OF THIS ARTICLE:
   1.  BASED UPON AN ALLEGED FAILURE OR REFUSAL TO PROVIDE PROPER MEDICAL
 CARE OR TREATMENT TO AN ELDERLY OR DISABLED PERSON, WHO IS ILL, IT IS AN
 AFFIRMATIVE DEFENSE THAT THE ELDERLY OR DISABLED PERSON IS A  MEMBER  OR
 ADHERENT  OF  AN ORGANIZED CHURCH OR RELIGIOUS GROUP THE TENETS OF WHICH
 PRESCRIBE PRAYER AS THE PRINCIPAL TREATMENT FOR ILLNESS,  AND  THAT  THE
 ELDERLY  OR  DISABLED PERSON WAS TREATED IN ACCORDANCE WITH SUCH TENETS;
 OR
   2. BASED UPON AN ALLEGED DESERTION OF AN ELDERLY OR  DISABLED  PERSON,
 IT  IS  AN  AFFIRMATIVE DEFENSE THAT, WITH THE INTENT THAT THE PERSON BE
 SAFE FROM PHYSICAL INJURY AND CARED FOR IN AN  APPROPRIATE  MANNER,  THE
 DEFENDANT  LEFT  THE  PERSON WITH AN APPROPRIATE PERSON OR IN A SUITABLE
 LOCATION AND PROMPTLY NOTIFIED AN APPROPRIATE  PERSON  OF  THE  PERSON'S
 LOCATION.
 §  261.35 ENDANGERING  THE  WELFARE  OF A VULNERABLE ELDERLY PERSON OR A
            DISABLED PERSON IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A VULNERABLE  ELDERLY
 PERSON OR A DISABLED PERSON IN THE SECOND DEGREE WHEN, BEING A CAREGIVER
 FOR A VULNERABLE ELDERLY PERSON OR A DISABLED PERSON:
   1.  WITH  INTENT  TO  CAUSE  PHYSICAL INJURY TO SUCH PERSON, HE OR SHE
 CAUSES SUCH INJURY TO SUCH PERSON; OR
   2. HE OR SHE RECKLESSLY CAUSES PHYSICAL INJURY TO SUCH PERSON; OR
   3. WITH CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY TO  SUCH
 PERSON BY MEANS OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT; OR
   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 PART, OR ANY OTHER CIRCUMSTANCES
 IN WHICH THE VULNERABLE ELDERLY  PERSON  OR  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  INCAPACITY  TO  CONSENT
 BECAUSE  OF  THE  VICTIM'S  MENTAL  DISABILITY OR MENTAL INCAPACITY, THE
 PROVISIONS OF SECTION 130.16 OF THIS 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 INCAPACITY TO CONSENT BECAUSE HE
 OR SHE WAS MENTALLY DISABLED, MENTALLY INCAPACITATED OR PHYSICALLY HELP-
 LESS, 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.
   ENDANGERING THE WELFARE OF A VULNERABLE ELDERLY PERSON OR  A  DISABLED
 PERSON IN THE SECOND DEGREE IS A CLASS E FELONY.
 §  261.40  ENDANGERING  THE  WELFARE OF A VULNERABLE ELDERLY PERSON OR A
            DISABLED PERSON IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A VULNERABLE  ELDERLY
 PERSON  OR A DISABLED PERSON IN THE FIRST DEGREE WHEN, BEING A CAREGIVER
 FOR A VULNERABLE ELDERLY PERSON OR DISABLED PERSON:
   1. WITH INTENT TO CAUSE PHYSICAL INJURY TO  SUCH  PERSON,  HE  OR  SHE
 CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON; OR
   2. HE OR SHE RECKLESSLY CAUSES SERIOUS PHYSICAL INJURY TO SUCH PERSON.

 S. 6365                             5
 
   ENDANGERING  THE  WELFARE OF A VULNERABLE ELDERLY PERSON OR A DISABLED
 PERSON IN THE FIRST DEGREE IS A CLASS D FELONY.
   §  3.  Subdivision  14 of section 120.05 of the penal law, as added by
 chapter 268 of the laws of 2016, is amended and a new subdivision 15  is
 added to read as follows:
   14. With intent to prevent or obstruct a process server, as defined in
 section  eighty-nine-t  of  the  general business law, from performing a
 lawful duty pursuant to article three of  the  civil  practice  law  and
 rules,  or  intentionally,  as retaliation against such a process server
 for the performance of the process  server's  duties  pursuant  to  such
 article, including by means of releasing or failing to control an animal
 evincing  the  actor's  intent  that  the animal prevent or obstruct the
 lawful duty of the process server or as retaliation against the  process
 server, he or she causes physical injury to such process server[.]; OR
   15. BEING EIGHTEEN YEARS OLD OR MORE AND WITH INTENT TO CAUSE PHYSICAL
 INJURY  TO  A  PERSON SIXTY YEARS OLD OR OLDER, OR TO A PERSON WHO HAS A
 PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY  LIMITS  A  MAJOR  LIFE
 ACTIVITY, THE DEFENDANT CAUSES SUCH INJURY TO SUCH PERSON.
   § 4. Section 135.30 of the penal law is amended to read as follows:
 § 135.30 Kidnapping; defense.
   In  any  prosecution for kidnapping, it is an affirmative defense that
 (a) the defendant was a relative of the person abducted, and (b) his  OR
 HER sole purpose was to assume control of such person.
   THIS  SECTION  SHALL  NOT  APPLY  IN  THE  CASE WHEN THE PERSON WHO IS
 ABDUCTED IS SIXTY YEARS OLD OR OLDER, OR TO A PERSON WHO HAS A  PHYSICAL
 OR  MENTAL  IMPAIRMENT  THAT SUBSTANTIALLY LIMITS A MAJOR LIFE ACTIVITY,
 AND THE KIDNAPPING WAS DONE WITH THE INTENTION OF COMPELLING SUCH PERSON
 TO TRANSFER AN ASSET TO THE DEFENDANT OR TO A THIRD PARTY.
   § 5. Section 135.45 of the penal law is amended by adding a new subdi-
 vision 3 to read as follows:
   3. KNOWING THAT HE OR SHE HAS NO LEGAL RIGHT TO DO SO, HE OR SHE TAKES
 OR ENTICES ANY PERSON SIXTY YEARS OF AGE OR OLDER, OR A PERSON WHO HAS A
 PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY  LIMITS  A  MAJOR  LIFE
 ACTIVITY, FROM THE CUSTODY OF ANOTHER PERSON OR INSTITUTION.
   § 6. Subdivision (g) of section 140.10 of the penal law, as amended by
 chapter 176 of the laws of 2011, is amended and a new subdivision (h) is
 added to read as follows:
   (g)  where  the property consists of a right-of-way or yard of a rail-
 road or rapid transit railroad which has been designated  and  conspicu-
 ously posted as a no-trespass railroad zone[.]; OR
   (H)  WHICH  IS  A  DWELLING OCCUPIED BY A PERSON SIXTY YEARS OF AGE OR
 OLDER, OR A PERSON WHO HAS A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTAN-
 TIALLY LIMITS A MAJOR LIFE ACTIVITY.
   § 7. Severability. If any provision of this  act  or  the  application
 thereof  to  any  person  or  circumstances  is  held to be invalid, the
 remainder of the act and the application  of  such  provision  to  other
 persons or circumstances shall not be affected thereby.
   § 8. This act shall take effect immediately.

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Senate Bill S6365

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S6365 (ACTIVE) - Details

2021-S6365 (ACTIVE) - Summary

2021-S6365 (ACTIVE) - Sponsor Memo

2021-S6365 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6365

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Sponsored By

Pamela Helming

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S6365 (ACTIVE) - Details

2021-S6365 (ACTIVE) - Summary

2021-S6365 (ACTIVE) - Sponsor Memo

2021-S6365 (ACTIVE) - Bill Text download pdf

Comments