Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 23, 2010 |
signed chap.14 |
Mar 12, 2010 |
delivered to governor |
Mar 08, 2010 |
returned to assembly passed senate 3rd reading cal.192 substituted for s6728 |
Feb 01, 2010 |
referred to codes delivered to senate passed assembly |
Jan 21, 2010 |
advanced to third reading cal.648 |
Jan 20, 2010 |
reported |
Jan 13, 2010 |
referred to codes |
Assembly Bill A9534
Signed By Governor2009-2010 Legislative Session
Sponsored By
GORDON
Archive: Last Bill Status - Signed by Governor
- 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
Actions
Votes
co-Sponsors
Sheldon Silver
Michele Titus
Harvey Weisenberg
Charles Lavine
multi-Sponsors
Peter Abbate
James Bacalles
William A. Barclay
Daniel Burling
2009-A9534 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6728
- Law Section:
- Penal Law
- Laws Affected:
- Ren §260.30 to be 260.31, amd §§260.31, 260. 32 & 260.34, Pen L
2009-A9534 (ACTIVE) - Summary
Establishes felony offenses relating to endangering the welfare of an incompetent or physically disabled person; defines "incompetent or physically disabled person" to mean an individual who is unable to care for himself or herself because of a physical disability, mental disease or defect.
2009-A9534 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9534 REVISED 1/14/10 TITLE OF BILL: An act to amend the penal law, in relation to endanger- ing the welfare of an incompetent or physically disabled person PURPOSE: The purpose of this legislation is to criminalize endangering the welfare of an incompetent or physically disabled person. SUMMARY OF PROVISIONS: Section 1 would renumber section 260.30 of the penal law as section 260.31. Section 2 would amend subdivision 1 of the newly renumbered section 260.31 of the penal law. The section defines caregiver, sexual contact, vulnerable elderly person and incompetent or physically disabled person. Section 3 would amend sections 260.32 and 260.34 of the penal law to include incompetent or physically disabled persons within that class of persons whose caregivers would be guilty of a class D or E felony if they endanger the welfare of such persons. EXISTING LAW: Currently, the protections provided in the applicable penal law sections only apply to vulnerable elderly persons. This bill would extend those protections to incompetent or physically disabled persons. JUSTIFICATION: Under the existing law, a caregiver of a vulnerable
2009-A9534 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9534 I N A S S E M B L Y January 13, 2010 ___________ Introduced by M. of A. GORDON, SILVER -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to endangering the welfare of an incompetent or physically disabled person THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 260.30 of the penal law, as added by chapter 381 of the laws of 1998, is renumbered section 260.31. S 2. Subdivision 1 of section 260.31 of the penal law, as added by chapter 381 of the laws of 1998, such section as renumbered by section one of this act, is amended and a new subdivision 4 is added to read as follows: 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) receives monetary or other valuable consideration for providing care for a vulnerable elderly person, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON. 4. "INCOMPETENT OR PHYSICALLY DISABLED PERSON" MEANS AN INDIVIDUAL WHO IS UNABLE TO CARE FOR HIMSELF OR HERSELF BECAUSE OF PHYSICAL DISABILITY, MENTAL DISEASE OR DEFECT. S 3. Sections 260.32 and 260.34 of the penal law, as added by chapter 381 of the laws of 1998, subdivision 4 of section 260.32 as amended by chapter 1 of the laws of 2000, are amended to read as follows: S 260.32 Endangering the welfare of a vulnerable elderly person, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON in the second degree. A person is guilty of endangering the welfare of a vulnerable elderly person, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON in the second degree when, being a caregiver for a vulnerable elderly person, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON: 1. With intent to cause physical injury to such person, he or she causes such injury to such person; or 2. He or she recklessly causes physical injury to such person; or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15373-02-0
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