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

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S373-2013 Actions

• May 21, 2013: ORDERED TO THIRD READING CAL.710
• May 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 9, 2013: REFERRED TO CODES

S373-2013 Meetings

Rules: May 21, 2013

S373-2013 Calendars

Floor Calendar: May 22, 2013 , Floor Calendar: May 23, 2013 , Floor Calendar: May 29, 2013

S373-2013 Votes

S373-2013 Memo

BILL NUMBER:S373

TITLE OF BILL:
An act
to amend the penal law, in relation to financial exploitation of the
elderly and disabled

PURPOSE:
This bill will allow prosecutions for financial abuse of senior
citizens by amending the Penal Law to add a new crime of financial
exploitation of the elderly or disabled.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section 155.00 of the New York State Penal Law by
adding a new paragraph regarding "Financial Exploitation of the
Elderly and Disabled."

Elderly means any person who is 60 years of age or older who is also
suffering from a disease or infirmity associated with advanced age.
Disabled means any person who suffers from permanent physical or
mental impairment as a result of a disease, injury, functional
disorder or congenital condition to the extent that that person is
incapable of preventing or avoiding the commission of a larceny
against himself or herself.

A person in a position of trust is defined as any person who is the
parent, spouse, adult child or other relative by blood or affinity;
or a joint tenant or tenant in common or someone who has a fiduciary
obligation to the elderly or disabled person.

Intimidation is the communication that that he or she will be deprived
of food, nutrition, shelter, medication, medical care or medical
treatment.

Section 155.05 of the Penal Law is amended to make it a crime for a
person in a position of trust to compel or induce the elderly or
disabled person to deliver property by means of fraud, false
promises, extortion or intimidation.

JUSTIFICATION:
Presently, there are no provisions in the Penal Law that specifically
address this growing problem. This has lead to instances where
prosecutors have not been able to bring sufficient charges against
persons who have exploited vulnerable senior citizens and disabled
persons. Today, approximately 45 states have criminal statutes to
address financial abuse of elderly and disabled persons. Prosecutors
in New York have not only seen an increasing amount of elder
financial abuse cases, but have also found that they cannot
adequately prosecute this new type of criminal because present
Larceny statutes do not specifically define this type of theft. This
has led to instances where prosecutors either have been prevented
from prosecuting these criminals or have had to resort to cumbersome
legal theories of prosecution that could be successfully appealed by
a convicted person.


As New York's senior population has increased, there has been a marked
increase in reported incidents of financial elder abuse. In most
instances, financial elder abuse involves the theft of money from a
senior's
checking account, Certificate of Deposit and other bank accounts.
Usually the perpetrator is a family member, a close "friend" or a
caretaker who has frequent contact with the senior and has gained the
senior's trust. This new section of the Penal Code addresses this new
crime and gives prosecutors the authority they need to successfully
prosecute these criminals. Specifically, it recognizes that senior
citizens and disabled persons are a special type of victim and
creates new criteria for elder financial abuse.

PRIOR LEGISLATIVE HISTORY:
2002 - A.3174 Referred to Assembly Codes Committee
2006 - A.1798 Referred to Assembly Codes Committee
2007 - A.305  Referred to Assembly Codes
2008 - A.305  Referred to Assembly Codes
2009 - S.8105 Referred to Codes/A.4163 Referred to Codes
2011 - S.4725 Passed Senate/A.2374 Referred to Codes

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it becomes law.

S373-2013 Text

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

                                     373

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. KENNEDY -- 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 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.
                                                             LBD02425-01-3

 S. 373                              2

    13.  "INTIMIDATION"  MEANS THE COMMUNICATION TO AN ELDERLY OR DISABLED
  PERSON THAT HE OR SHE WILL BE  DEPRIVED  OF  FOOD,  NUTRITION,  SHELTER,
  MEDICATION, MEDICAL CARE OR MEDICAL TREATMENT.
    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 ELDERLY OR DISABLED.
    (I) A PERSON OBTAINS PROPERTY BY FINANCIAL EXPLOITATION OF THE ELDERLY
  OR DISABLED, WHEN BEING A PERSON IN A  POSITION  OF  TRUST,  HE  OR  SHE
  COMPELS OR INDUCES AN ELDERLY OR DISABLED PERSON TO DELIVER SUCH PROPER-
  TY  TO  HIMSELF OR HERSELF OR TO A THIRD PERSON BY MEANS OF FRAUD, FALSE
  PROMISE, EXTORTION OR INTIMIDATION.
    (II) NO PROVISION OF THIS PARAGRAPH SHALL BE DEEMED TO IMPOSE CRIMINAL
  LIABILITY UPON ANY PERSON WHO IN GOOD FAITH SEEKS TO ASSIST  AN  ELDERLY
  OR DISABLED PERSON IN THE MANAGEMENT OF HIS OR HER PROPERTY, BUT THROUGH
  NO  FAULT  OF  SUCH  PERSON  IS UNABLE TO ASSIST THE ELDERLY OR DISABLED
  PERSON.
    (III) IT SHALL BE NO DEFENSE TO ANY PROSECUTION FOR LARCENY  BY  MEANS
  OF  FINANCIAL EXPLOITATION OF THE ELDERLY OR DISABLED THAT THE DEFENDANT
  DID NOT KNOW THE FACTS AND CONDITIONS RESPONSIBLE FOR MAKING THE  VICTIM
  AN ELDERLY OR DISABLED PERSON.
    S 3. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.