S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3454
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced  by Sens. HELMING, BORRELLO, CANZONERI-FITZPATRICK, RHOADS --
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07217-01-5
 S. 3454                             2
              

 
   (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
 surcharge  of  one  hundred  seventy-five  dollars [and], a crime victim
 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.
 S. 3454                             3
 
   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
 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 THEIR 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, THEY DESERT SUCH PERSON IN ANY PLACE WITH
 INTENT TO WHOLLY ABANDON THEM.
   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. SUCH PERSON 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 THEIR LIFE OR
 HEALTH; OR
   2.  SUCH  PERSON  FAILS OR REFUSES TO EXERCISE REASONABLE DILIGENCE IN
 THE CONTROL OF SUCH ELDERLY OR DISABLED  PERSON  TO  PREVENT  THEM  FROM
 PHYSICAL,  MENTAL  OR MORAL INJURY, OR FROM ENGAGING IN ACTS INVOLVING A
 SUBSTANTIAL RISK OF DANGER TO THEIR 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
 S. 3454                             4
 
 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
 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,  SUCH  PERSON
 CAUSES SUCH INJURY TO SUCH PERSON; OR
   2. SUCH PERSON RECKLESSLY CAUSES PHYSICAL INJURY TO SUCH PERSON; OR
   3.  WITH  CRIMINAL  NEGLIGENCE,  SUCH PERSON CAUSES PHYSICAL INJURY TO
 SUCH PERSON BY MEANS OF A DEADLY WEAPON OR A DANGEROUS INSTRUMENT; OR
   4. SUCH PERSON 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 THEIR INCAPACITY TO CONSENT BECAUSE THEY
 WERE MENTALLY DISABLED, MENTALLY INCAPACITATED OR  PHYSICALLY  HELPLESS,
 IT  IS  AN  AFFIRMATIVE  DEFENSE  THAT  THE  DEFENDANT, AT THE TIME THEY
 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:
 S. 3454                             5
 
   1.  WITH  INTENT  TO  CAUSE PHYSICAL INJURY TO SUCH PERSON, THEY CAUSE
 SERIOUS PHYSICAL INJURY TO SUCH PERSON; OR
   2.  SUCH  PERSON  RECKLESSLY  CAUSES  SERIOUS  PHYSICAL INJURY TO SUCH
 PERSON.
   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] SUCH PERSON 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]
 THEIR 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 SUCH PERSON HAS NO LEGAL RIGHT TO DO SO, THEY TAKE OR
 ENTICE 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.