Relates to vulnerable elderly persons

Summary of specific provisions

Section 1 amends §260.30 of the penal law to remove the definition of "caregiver" and to amend the definition of "vulnerable elderly person" to include persons seventy years of age or older.

Section 2 amends §260.32 of the Penal Law to remove the requirement that a person be a caregiver for a vulnerable elderly person in order to be guilty of Endangering the welfare of a Vulnerable Elderly Person in the second degree. This change would make all people who assault an elderly person guilty of this crime.

Section 3 amends §260.34 of the Penal Law making a similar to change to Endangering the Welfare of a vulnerable Elderly Person in the first degree.

Section 4 amends §70.02 of the penal law to make Endangering the Welfare of a vulnerable Elderly Person in the first and second degree a Class D violent felony offense and a Class E violent felony offense, respective- ly.

Section 5 adds a new Article 495 to the penal law to create a new crimes against the elderly or disabled, which would raise the level of offense by one level for specified crimes committed against a victim who the defendant selected based on a perceived disability or age related infirmity or illness, creates a rebuttable presumption that an apparent- ly disabled or elderly person was selected due to their disability or age related infirmity, and creates a second rebuttable presumption that a person over the age of 70 appeared to the defendant to be elderly.

Justification

Recently, there were two vicious attacks on New York's elderly popu- lation. A 101-year-old woman from Queens was mugged on her way to church and an 85 year-old woman suffered a similar fate just a half-hour later.

The penalty such a robber would face for either robbery or assault upon these victims are the same as had the assailant attacked a 25-year old football player. In addition, criminals may target victims who appear elderly or disabled due to a belief that such a person is less likely to resist,less likely to defend themselves, or less able to report the crime or details of the crime to law enforcement.

These assumptions may not be correct. People who appear to be elderly may be in excellent physical and mental condition. People who appear disabled may not be. And certainly people with disabilities or age related illnesses or infirmities may be as ready and able to fight back against a criminal, or providing incriminating testimony against a crim- inal as a person without a disability or advanced age.

What makes the targeting of the elderly and disabled so heinous is that the criminals select victims whom they believe to be easier targets, exposing the criminal to less risk of failure or injury, or even less risk of arrest or conviction in cases where they believe the victim will not be willing or able to report the crime, give an accurate description of the offender, or testify as to the events of the crime.

Criminals make calculated decisions as to their selection of victim, balancing their potential ill-gotten gains against their risk of being hurt or imprisoned. This legislation alters that equation by providing a more serious penalty for crimes targeting people who might appear most vulnerable.

Prior legislative history

2008: A.8250-A; Held for consideration in Codes 2008: A.8250-A; Referred to Codes 2007: A.8250; Amended and recommitted to Codes 2007: A.8250; Referred to Codes

Fiscal implications for state and local governments

None.

Effective date

November 1 next succeeding the date on which it shall have become a law.