S1206-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S1206-2013 Memo

BILL NUMBER:S1206

TITLE OF BILL:
An act
to amend the penal law, in relation to designating as a class E felony,
the offense of endangering the welfare of an incompetent or physically
disabled person

PURPOSE:
To increase the penalty for Endangering the Welfare of an Incompetent
of Physically Disabled Person to a class E felony.

SUMMARY OF PROVISIONS:
Section 1 amends section 260.25 of the Penal Law to increase the
penalty for Endangering the Welfare of an Incompetent or Physically
Disabled Person.
Section 2 provides an effective date of November 1.

EXISTING LAW:
Currently Endangering the Welfare of an Incompetent or Physically
Disabled Person is a class A misdemeanor. This bill increases the
severity of the crime to a class E felony.

JUSTIFICATION:
Society recognizes that certain vulnerable segments of the population
deserve special protection. For that reason, the Legislature has
enacted legislation that protects, among others, children, vulnerable
elderly persons and incompetent and physically disabled persons. The
crime of endangering the welfare of a vulnerable elderly in the
second degree is a class E felony and endangering the welfare of a
vulnerable elderly person in the first degree is a class D felony.
Those who are unable to care for themselves because of physical
disability or mental disease or defect are also vulnerable and,
because of that vulnerability, those who endanger the welfare of such
individuals should be charged with a felony, just as those who are
charged with endangering the welfare of a vulnerable elderly person.
This bill brings parity for punishing those who act in disregard to
the welfare of members of society who deserve special protection.

LEGISLATIVE HISTORY:
Same as S.3894 of 2007-08 which passed the Senate.
Same As S.371 of 2008-09 referred to Codes.
Same As S.371 of 2009-10 referred to Codes.
Same As S.3232 of 2011-12 referred to Codes.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
November 1 after enactment.

S1206-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1206
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the penal law, in relation to designating as a  class  E
 felony,  the  offense  of 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 260.25 of the penal law, as amended by chapter 381
 of the laws of 1998, is amended to read as follows:

 

S 260.25  Endangering the welfare of an incompetent or physically  disa
 bled person.
 A  person  is  guilty  of endangering the welfare of an incompetent or
 physically disabled person when he OR SHE knowingly  acts  in  a  manner
 likely  to  be  injurious  to the physical, mental or moral welfare of a
 person who is unable to care for himself or herself because of  physical
 disability, mental disease or defect.
 Endangering  the  welfare  of  an  incompetent  or physically disabled
 person is a class [A misdemeanor] E FELONY.
 

S 2. This act shall take effect on the first of November next succeed
 ing the date on which it shall have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05304-01-3

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