Assembly Bill A10456

2011-2012 Legislative Session

Establishes the crime of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person

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Archive: Last Bill Status - In Assembly 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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2011-A10456 (ACTIVE) - Details

See Senate Version of this Bill:
S6712
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.31, 155.05 & 155.15, Pen L; amd §473, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4316, S102
2015-2016: S530

2011-A10456 (ACTIVE) - Summary

Establishes the crimes of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person in the first, second, and third degree.

2011-A10456 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10456

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Codes

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
              

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