Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 03, 2018 |
referred to codes |
Jan 09, 2017 |
referred to codes |
Senate Bill S1490
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- 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
2017-S1490 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§155.00, 155.10 & 155.05, Pen L; amd §4504, CPLR; amd §660.20, CP L
- Versions Introduced in 2015-2016 Legislative Session:
-
S5579
2017-S1490 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1490 TITLE OF BILL : An act to amend the penal law, in relation to the definition of mentally disabled and in relation to larceny; to amend the civil practice law and rules, in relation to the mental condition of a victim; to amend the criminal procedure law, in relation to examination of witnesses; and to amend the penal law, in relation to larceny PURPOSE : To reform the penal law, civil practice law, and criminal procedural law with respect to elder fraud as recommended by the New York State White Collar Crime Task Force. SUMMARY OF PROVISIONS : Section 1 of this bill amends section 155 of the penal law by adding a new subdivision 10 defining "mentally disabled". Section 2 of this bill amends section 155.10 of the penal law by adding a subdivision 2 stating that it is no defense to a prosecution for larceny that the defendant obtained consent to take property where such consent was obtained from a person whom the defendant knew or had
2017-S1490 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1490 2017-2018 Regular Sessions I N S E N A T E January 9, 2017 ___________ Introduced by Sen. AVELLA -- 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 the definition of mentally disabled and in relation to larceny; to amend the civil practice law and rules, in relation to the mental condition of a victim; to amend the criminal procedure law, in relation to examination of witnesses; and to amend the penal law, in relation to larceny 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 a new subdivision 10 to read as follows: 10. "MENTALLY DISABLED" MEANS THAT A PERSON SUFFERS FROM A MENTAL DISEASE, DEFECT OR CONDITION WHICH RENDERS HIM OR HER INCAPABLE OF APPRAISING THE NATURE OF THE CONDUCT CONSTITUTING THE TAKING, OBTAINING OR WITHHOLDING OF HIS OR HER PROPERTY. § 2. Section 155.10 of the penal law is amended to read as follows: § 155.10 Larceny; no defense. 1. The crimes of (a) larceny committed by means of extortion and an attempt to commit the same, and (b) bribe receiving by a labor official as defined in section 180.20, and bribe receiving as defined in section 200.05, are not mutually exclusive, and it is no defense to a prose- cution for larceny committed by means of extortion or for an attempt to commit the same that, by reason of the same conduct, the defendant also committed one of such specified crimes of bribe receiving. 2. IT IS NO DEFENSE TO A PROSECUTION FOR LARCENY THAT THE DEFENDANT OBTAINED CONSENT TO TAKE, WITHHOLD, OR OBTAIN PROPERTY, WHERE SUCH CONSENT WAS OBTAINED FROM A PERSON WHOM THE DEFENDANT KNEW OR HAD REASON TO KNOW WAS MENTALLY DISABLED. § 3. Section 4504 of the civil practice law and rules is amended by adding a new subdivision (e) to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01219-01-7
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