§ 349-c. Additional civil penalty for consumer frauds against elderly
persons. 1. Definition. As used in this section elderly person means a
person who is sixty-five years of age or older.

2. Supplemental civil penalty. (a) In addition to any liability for
damages or a civil penalty imposed pursuant to sections three hundred
forty-nine, three hundred fifty-c and three hundred fifty-d of this
chapter, regarding deceptive practices and false advertising, and
subdivision twelve of section sixty-three of the executive law,
regarding proceedings by the attorney general for equitable relief
against fraudulent or illegal consumer fraud, a person or entity who
engages in any conduct prohibited by said provisions of law, and whose
conduct is perpetrated against one or more elderly persons, may be
liable for an additional civil penalty not to exceed ten thousand
dollars, if the factors in paragraph (b) of this subdivision are
present.

(b) In determining whether to impose a supplemental civil penalty
pursuant to paragraph (a) of this subdivision, and the amount of any
such penalty, the court shall consider, in addition to other appropriate
factors, the extent to which the following factors are present:

(1) Whether the defendant knew that the defendant's conduct was
directed to one or more elderly persons or whether the defendant's
conduct was in willful disregard of the rights of an elderly person;

(2) Whether the defendant's conduct caused an elderly person or
persons to suffer severe loss or encumbrance of a primary residence,
principal employment or source of income, substantial loss of property
set aside for retirement or for personal and family care and
maintenance, substantial loss of payments received under a pension or
retirement plan or a government benefits program; or assets essential to
the health or welfare of the elderly person or whether one or more
elderly persons were substantially more vulnerable to the defendant's
conduct because of age, poor health, infirmity, impaired understanding,
restricted mobility, or disability, and actually suffered physical,
emotional, or economic damage resulting from the defendant's conduct.

3. There is hereby established in the state treasury a special fund to
be known as the elderly victim fund, which shall consist of and into
which shall be paid all moneys derived from supplemental civil penalties
imposed pursuant to this section. The moneys in such fund shall be
administered by the department of law and shall be expended solely for
the investigation of and prosecution of consumer frauds against elderly
persons. The moneys in the fund shall be paid out on the audit and
warrant of the comptroller on vouchers certified or approved by the
attorney general. Notwithstanding any other provision of law to the
contrary, any balance in the said fund on March thirty-first of any
fiscal year shall not revert to the general fund of the state.

4. Restitution to be given priority. Restitution ordered pursuant to
the provisions of law listed in subdivision two of this section shall be
given priority over the imposition of civil penalties designated by the
court under this section.