S2951-2013 Actions

• Jan 25, 2013: REFERRED TO CODES

S2951-2013 Memo

BILL NUMBER:S2951

TITLE OF BILL:  An act to amend the penal law, in relation to endanger-
ing the welfare of a vulnerable elderly person, or an incompetent or
physically disabled person

PURPOSE:  To expand the definition of caregiver for the purpose of
sections 260.32 and 260.34 of the penal law.

SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 1 of section 260.31 of the
penal law to expand the definition of caregiver to include a person who
voluntarily, or otherwise by operation of law, assumes responsibility
fox providing care for a vulnerable elderly person, or an incompetent or
physically disabled person.

Section two is the effective date

JUSTIFICATION:  The definition of caregiver in section 260.31 of the
penal law is limited to a person assuming responsibility of care of a
vulnerable elderly person, or an incompetent or physically disabled
person pursuant to a court order, or receives monetary or other valuable
consideration for providing such care. This bill would expand the defi-
nition of a caregiver to include someone that is assumes responsibility
by other operations of law such as an appointed guardian or power of
attorney, or some someone that is voluntarily responsible fox providing
care.

Prosecutors, law enforcement officers, and elder advocates have been
frustrated by the limitations of New York's endangering the welfare of a
vulnerable elderly person law. By not including unpaid caregivers in the
definition, vulnerable older adults have been deprived of the added
protection they need and deserve. By expanding the definition to include
voluntary caregivers, the amended law will impose stiff criminal penal-
ties for inflicting harm on our most vulnerable populations, and will
serve as a deterrent to inflicting such harm.

Elder abuse occurs more often in people's homes than in institutional
settings and is largely hidden, shrouded in secrecy and shame.  Studies
and reports from professionals in the field suggest that elder abuse in
domestic settings is a widespread, escalating epidemic - a serious prob-
lem that exists in every community and every neighborhood. Older adults
are often reluctant to reveal incidents of abuse, particularly when the
abuser is a family member or trusted acquaintance. When mistreatment is
reported, abusers should be held accountable for the crimes they perpe-
trate against their innocent victims, and should face stiff penalties
for those crimes.

The recent New York State Elder Abuse Prevalence Study found that 141
out of 1,000 older New Yorkers self-reported that they have experienced

an elder abuse event since turning age 60. Seventy-six out of 1,400
reported abuse within the one-year period preceding the study interview.
Of the reported abusers, 88,W were people other than paid home care
aides, including relatives, friends, and neighbors.

Recommendations developed during the New York State Elder Abuse Summit
identified the limited definition of caregiver as a barrier to prosecut-
ing many abuse cases. Expanding the definition to include all caregivers
who cause injury to a vulnerable elderly person or an incompetent or
physically disabled person will eliminate that barrier.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:  This act shall take effect on the sixtieth day after it
shall have become law.

S2951-2013 Text

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

                                    2951

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 25, 2013
                                 ___________

  Introduced  by  Sen. VALESKY -- 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 endangering the welfare of
    a vulnerable elderly person, or 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. Subdivision 1 of  section  260.31  of  the  penal  law,  as
  amended  by  chapter  14  of  the  laws  of  2010, is amended 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], OR OTHERWISE BY  OPERA-
  TION  OF LAW; (ii) receives monetary or other valuable consideration for
  providing SUCH care; OR (III)  VOLUNTARILY  ASSUMES  RESPONSIBILITY  FOR
  PROVIDING  CARE  for  a  vulnerable elderly person, or an incompetent or
  physically disabled person.
    S 2. This act shall take effect on the sixtieth  day  after  it  shall
  have become a law.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06614-01-3