BILL NUMBER: S6507

SPONSOR: MATTERA
 
TITLE OF BILL:

An act to amend the penal law, in relation to enacting "Todd's Law"

 
PURPOSE:

When a person is convicted of petit larceny or grand larceny, and the
property stolen is necessary for the performance of activities of daily
living by an incompetent or physically disabled person or a vulnerable
elderly person, and the specified offense is a misdemeanor or a class
C,D or E felony, the crime 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.

 
SUMMARY:

              

Amends the penal law to add new section 155.46 Sentencing; property of
the elderly or disabled.

 
JUSTIFICATION:

Under the current law, the crime of petit larceny and grand larceny
takes into account the monetary value of the item stolen. This proposed
change in the law will account for the fact that the theft of durable
medical equipment from an individual with disabilities or an elderly
person, can also take from them their safety and independence.

In November 2018, Roxanne Drayton of Coram, New York, obtained a brand-
new, $8,000 custom wheelchair for her 28-year-old son Todd, who has Down
syndrome and epilepsy; he is on a feeding tube and needs oxygen. On
November 8, 2018 Drayton was preparing to pick up Todd from the hospital
when her car containing the wheelchair was stolen.  She put the wheel-
chair inside the car, started it up and went back inside her house to
get medical supplies. When she returned, the car was being driven away
by someone. This bill is named in honor of Todd Drayton.

Stories like this are unfortunately all too common across the state of
New York. When it comes to the theft of durable medical equipment - such
as a wheelchair, visually assisted laptop, walker, or even an oxygen
canister - it can completely erode the quality of life for the individ-
ual and their family.

 
LEGISLATIVE HISTORY:

2020 held for consideration in codes in the Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Effective immediately.