S6712-2011 Actions

• Jun 18, 2012: referred to codes
• Jun 18, 2012: DELIVERED TO ASSEMBLY
• Jun 18, 2012: PASSED SENATE
• Jun 18, 2012: ORDERED TO THIRD READING CAL.1280
• Jun 18, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• May 22, 2012: REPORTED AND COMMITTED TO CODES
• Mar 12, 2012: REFERRED TO SOCIAL SERVICES

S6712-2011 Meetings

S6712-2011 Calendars

S6712-2011 Votes

S6712-2011 Memo

BILL NUMBER:S6712

TITLE OF BILL:
An act to amend the penal law and the social services law, in relation
to preventing financial exploitation of the elderly

PURPOSE:
Establishes exploitation of the vulnerable elderly or incompetent or
physically disabled as a form of larceny.

SUMMARY OF PROVISIONS:
Section 1 amends section 260.31 of the penal law by changing the defi-
nition of "Caregiver".

Section 2 amends section 155.05 of the penal law by changing the defi-
nition of larceny to include financial exploitation of the vulnerable
elderly or incompetent or physically disabled person.

Section 3 amends section 155.15 of the penal law by creating a defense
for financial exploitation of the vulnerable elderly or incompetent or
physically disabled.

Section 4 amends section 473 of the social services law to require local
officials to report to the appropriate district attorney's office when
there is reasonable belief that a crime is being perpetrated against a
person for whom protective services are being provided.

Section 5 is the effective date.

JUSTIFICATION:
Financial exploitation of the vulnerable elderly is a pervasive and
often unseen form of abuse.  According to former Maine Attorney General
Steven Rowe, financial exploitation is a factor in 40% of all elder
abuse cases. This is a trend that is only bound to increase, given that
70% of the nation's household net worth is owned by seniors, and our
society is rapidly aging.

The National Center on Elder Abuse defines elder financial exploitation
as "the illegal or improper use of an elder's funds, property or
assets." Such instances of exploitation take form in the way of credit
card fraud, real estate scams, identify theft and burglary. They are
also notoriously difficult to combat. Even when reported to local
authorities, antiquated criminal statutes make it difficult to prosecute
these offenses.

Considering the widespread and shocking prevalence of financial exploi-
tation against seniors, it remains a mystery why New York has no law to
enable law enforcement to stop this abuse.

In passing this bill, New York would be joining at least 29 other states
responding to the need for increased protection for elders against

financial abuse. This bill would give district attorneys and police the
tools they need to prosecute instances of financial exploitation.

Among its other provisions, this bill also requires adult protective
services officials to report all instances of suspected exploitation to
their district attorney's office. Timely identification of exploitation
and capable enforcement of the law will go far in preventing financial
abuses against the vulnerable elderly. In addition, this proposal would
transform convenience accounts into a viable financial planning tool for
the vulnerable elderly. Currently, these accounts have no safeguards
protecting them from unintended and unwarranted use by persons in a
position of trust.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

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

S6712-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6712
 I N  SENATE
 March 12, 2012
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Social Services
 

AN ACT to amend the penal law and the social services law,  in  relation
 to preventing financial exploitation of the elderly
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  The opening paragraph and subdivision 1 of section  260.31
 of  the  penal law, the opening paragraph as added by chapter 381 of the
 laws of 1998, subdivision 1 as amended and such section as renumbered by
 chapter 14 of the laws of 2010, are amended to read as follows:

 For the purpose of sections 155.05, 260.32 and 260.34 of this article,
 the following definitions shall apply:

 1. "Caregiver" means a person who (i) assumes responsibility  for  the
 care  of  a  vulnerable  elderly person, or an incompetent or physically
 disabled person pursuant to a court order; or (ii)  VOLUNTARILY  ASSUMES
 RESPONSIBILITY  FOR THE CARE OF A VULNERABLE ELDERLY PERSON OR AN INCOM
 PETENT OR PHYSICALLY DISABLED PERSON;  OR  (III)  receives  monetary  or
 other valuable consideration for providing care for a vulnerable elderly
 person, or an incompetent or physically disabled person.
 

S  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 VULNERABLE ELDERLY OR INCOMPETENT
 OR PHYSICALLY DISABLED PERSON.
 (I) A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF  A  VULNER
 ABLE  ELDERLY,  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON WHEN, WHILE
 IN A BUSINESS RELATIONSHIP OR CAREGIVER STATUS WITH A VULNERABLE ELDERLY
 PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, HE OR SHE KNOWINGLY
 OBTAINS OR USES OR ATTEMPTS  TO  OBTAIN  OR  USE  A  VULNERABLE  ELDERLY
 PERSON'S  OR  INCOMPETENT  OR PHYSICALLY DISABLED PERSON'S PROPERTY WITH
 THE INTENT TO TEMPORARILY OR PERMANENTLY DEPRIVE THE VULNERABLE  ELDERLY
 PERSON  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON OF THE USE, BENEFIT
 OR POSSESSION OF THE PROPERTY, OR TO BENEFIT HIMSELF  OR  HERSELF  OR  A
 THIRD PERSON.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14971-01-2
 
       S. 6712                             2
 (II)  A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF A VULNER
 ABLE ELDERLY, OR INCOMPETENT OR PHYSICALLY DISABLED PERSON  WHEN,  WHILE
 IN A BUSINESS RELATIONSHIP OR CAREGIVER STATUS WITH A VULNERABLE ELDERLY
 PERSON OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, HE OR SHE KNOWINGLY
 OBTAINS  OR  USES OR ATTEMPTS TO OBTAIN OR USE CASH, SECURITIES OR OTHER
 PROPERTY FROM A DEPOSIT ACCOUNT AS  DESCRIBED  IN  SECTION  SIX  HUNDRED
 SEVENTY-EIGHT  OF  THE BANKING LAW FOR ANY OTHER PURPOSE BESIDES FOR THE
 BENEFIT OF THE ORIGINAL DEPOSITOR WHERE THE VULNERABLE ELDERLY PERSON OR
 INCOMPETENT OR PHYSICALLY DISABLED PERSON IS THE ORIGINAL  DEPOSITOR  OF
 THE  ACCOUNT.  FOR  PURPOSES  OF  THIS PART, ANY BANKING ORGANIZATION OR
 FOREIGN BANKING CORPORATION OR AGENT  OF  THE  ORGANIZATION  OR  FOREIGN
 BANKING  CORPORATION THAT RELEASES CASH, SECURITIES OR OTHER PROPERTY TO
 AN ADDITIONAL ACCOUNT HOLDER SHALL NOT BE CULPABLE OF ANY OFFENSE BY THE
 SOLE ACT OF RELEASING CASH, SECURITIES OR OTHER  PROPERTY  TO  AN  ADDI
 TIONAL ACCOUNT HOLDER.
 

S 3.

Section 155.15 of the penal law is amended by adding a new subdi
 vision 3 to read as follows:

 3.  IN  ANY  PROSECUTION  FOR  LARCENY  BY FINANCIAL EXPLOITATION OF A
 VULNERABLE ELDERLY, OR INCOMPETENT OR PHYSICALLY DISABLED PERSON, IT  IS
 AN  AFFIRMATIVE DEFENSE THAT THE DEFENDANT ACQUIRED EXPRESS CONSENT FROM
 THE VULNERABLE OR INCOMPETENT OR PHYSICALLY DISABLED PERSON TO OBTAIN OR
 USE THE VULNERABLE ELDERLY PERSON'S OR INCOMPETENT OR  PHYSICALLY  DISA
 BLED  PERSON'S  PROPERTY  FOR HIS OR HER OWN BENEFIT OR THE BENEFIT OF A
 THIRD PERSON. CONSENT MUST HAVE BEEN GIVEN  BY  THE  VULNERABLE  ELDERLY
 PERSON  OR INCOMPETENT OR PHYSICALLY DISABLED PERSON PRIOR TO LOSING THE
 ABILITY TO ADEQUATELY CARE FOR HIM OR HERSELF OR BY A PERSON WHO HOLDS A
 POWER OF ATTORNEY OR SIMILAR AUTHORITY OVER THE  VULNERABLE  ELDERLY  OR
 INCOMPETENT  OR  PHYSICALLY  DISABLED  PERSON  AT  ANY TIME PRIOR TO THE
 DEFENDANT OBTAINING OR USING OR ATTEMPTING TO OBTAIN OR USE THE  VULNER
 ABLE  ELDERLY  PERSON'S  OR  INCOMPETENT OR PHYSICALLY DISABLED PERSON'S
 PROPERTY.
 

S 4. Subdivision 5 of section 473 of the social services law, as added
 by chapter 395 of the laws of 1995, is amended to read as follows:

 5. Whenever a social services official, or his or her designee author
 ized or required to determine the need for, or to provide or arrange for
 the provision of protective services to adults in  accordance  with  the
 provisions of this title has a reason to believe that a criminal offense
 has  been  committed,  as defined in the penal law, against a person for
 whom the need for such services is being  determined  or  to  whom  such
 services are being provided or arranged, the social services official or
 his  or  her  designee  must  report this information to the appropriate
 police or sheriff's department and the district attorney's office  [when
 such  office  has  requested  such  information  be reported by a social
 services official or his or her designee].
 

S 5. 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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