Assembly Bill A4467

2015-2016 Legislative Session

Includes the financial exploitation of the elderly or disabled within the crime of larceny

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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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2015-A4467 (ACTIVE) - Details

See other versions of this Bill:
A9974 ,
S1417 ,
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4163
2011-2012: A2374
2013-2014: A2898

2015-A4467 (ACTIVE) - Summary

Includes the financial exploitation of the elderly or disabled within the definition of the crime of larceny; defines terms.

2015-A4467 (ACTIVE) - Bill Text download pdf

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

                                  4467

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2015
                               ___________

Introduced  by  M. of A. CLARK, COLTON, ORTIZ, WEPRIN -- Multi-Sponsored
  by -- M. of A.   CYMBROWITZ, GALEF, HOOPER, MAGEE  --  read  once  and
  referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to financial exploitation of
  the elderly and disabled

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

  Section  1.  Section 155.00 of the penal law is amended by adding four
new subdivisions 10, 11, 12 and 13 to read as follows:
  10. "ELDERLY" MEANS ANY PERSON WHO IS SIXTY YEARS OF AGE OR OLDER  AND
IS  SUFFERING  FROM A DISEASE OR INFIRMITY ASSOCIATED WITH ADVANCED AGE,
WHICH IS MANIFESTED BY PHYSICAL, MENTAL OR EMOTIONAL  DYSFUNCTIONING  TO
THE  EXTENT  THAT SUCH PERSON IS INCAPABLE OF AVOIDING OR PREVENTING THE
COMMISSION OF A LARCENY AGAINST HIMSELF OR HERSELF.
  11. "DISABLED" MEANS ANY PERSON WHO SUFFERS FROM A PERMANENT  PHYSICAL
OR  MENTAL  IMPAIRMENT,  AS  A  RESULT  OF A DISEASE, INJURY, FUNCTIONAL
DISORDER OR CONGENITAL CONDITION, TO THE  EXTENT  THAT  SUCH  PERSON  IS
INCAPABLE  OF AVOIDING OR PREVENTING THE COMMISSION OF A LARCENY AGAINST
HIMSELF OR HERSELF.
  12. "PERSON IN A POSITION OF TRUST" MEANS A PERSON WHO:
  (A) IS THE PARENT, SPOUSE, ADULT CHILD OR OTHER RELATIVE BY  BLOOD  OR
AFFINITY OF AN ELDERLY OR DISABLED PERSON; OR
  (B)  IS A JOINT TENANT OR TENANT IN COMMON WITH AN ELDERLY OR DISABLED
PERSON; OR
  (C) HAS A FIDUCIARY OBLIGATION TO AN ELDERLY OR DISABLED PERSON; OR
  (D) RECEIVES MONETARY OR OTHER VALUABLE  CONSIDERATION  FOR  PROVIDING
CARE FOR THE ELDERLY OR DISABLED PERSON; OR
  (E)  LIVES  WITH OR PROVIDES SOME COMPONENT OF HOME CARE SERVICES ON A
CONTINUING BASIS TO THE ELDERLY OR DISABLED PERSON  INCLUDING,  BUT  NOT
LIMITED  TO, A NEIGHBOR OR FRIEND WHO DOES NOT PROVIDE SUCH SERVICES BUT
HAS ACCESS TO THE ELDERLY OR DISABLED PERSON BASED ON SUCH RELATIONSHIP.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03204-01-5
              

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