Establishes felony offenses relating to endangering the welfare of an incompetent or physically disabled person

20 Co-sponsors

• Sheldon Silver
• Michele Titus
• Harvey Weisenberg
• Charles Lavine
• Kenneth Zebrowski
• Rory Lancman
• Aileen Gunther
• Francine DelMonte
• Nelson Castro
• Mike Spano
• David Koon
• Adriano Espaillat
• Nettie Mayersohn
• Frank Skartados
• David McDonough
• Joseph Saladino
• Joan Millman
• George Amedore
• N. Nick Perry
• Alan Maisel

25 Multi-sponsors

• Peter Abbate
• James Bacalles
• William A. Barclay
• Daniel Burling
• Nancy Calhoun
• Joan Christensen
• James Conte
• Vivian Cook
• Clifford Crouch
• RoAnn Destito
• Joseph Errigo
• Vanessa Gibson
• Joseph Giglio
• Stephen Hawley
• Dov Hikind
• Janele Hyer-Spencer
• Margaret Markey
• John McEneny
• Felix Ortiz
• Audrey Pheffer
• Michelle Schimel
• Dierdre Scozzafava
• Robert Sweeney
• Fred Thiele
• David Townsend

BILL NUMBER:A9534 REVISED 1/14/10

Title of bill

An act to amend the penal law, in relation to endanger- ing the welfare of an incompetent or physically disabled person

Purpose

The purpose of this legislation is to criminalize endangering the welfare of an incompetent or physically disabled person.

Summary of provisions

Section 1 would renumber section 260.30 of the penal law as section 260.31.

Section 2 would amend subdivision 1 of the newly renumbered section 260.31 of the penal law. The section defines caregiver, sexual contact, vulnerable elderly person and incompetent or physically disabled person.

Section 3 would amend sections 260.32 and 260.34 of the penal law to include incompetent or physically disabled persons within that class of persons whose caregivers would be guilty of a class D or E felony if they endanger the welfare of such persons.

Existing law

Currently, the protections provided in the applicable penal law sections only apply to vulnerable elderly persons. This bill would extend those protections to incompetent or physically disabled persons.

Justification

Under the existing law, a caregiver of a vulnerable elderly person who endangers that person's welfare is guilty of a class E or class D felony, depending upon the nature and seriousness of the offense, but no such protections extend to persons who are not vulner- able elderly persons, but who are, nonetheless, incapable of taking care of themselves and entrusted to the care of others as a result of being incompetent or physically disabled. They are as vulnerable as elderly persons in such care, and must be afforded similar protections.

The Governor vetoed a version of this legislation in 2009 (A. 6349). To address the core objection of that veto, the bill now clearly defines "incompetent or physically disabled person" using the concepts and language already encompassed in Penal Law § 260.25. The prosecution has had no apparent difficulty in establishing guilt utilizing this defi- nition. See People v. Rolston, 190 A.D.2d 1000, 593 N.Y.S.2d 383 (4t Dept. 1993), leave to appeal denied 81 N.Y.2d 1019 (1993). Case law has interpreted the term "mental disease or defect" in PL 260.25 to encom- pass persons with developmental disabilities. See People v. Jordal, 294 A.D.2d 953, 742 N.Y.S.2d 760 (4th Dept. 2002), See People v. Novak, 212 A.D.2d 740, 740-741, 622 N.Y.S.2d 783 (2d Dept. 1995) See also People v. Patterson, 165 A.D.2d 886, 886-887, 560 N.Y.S.2d 357(2d Dept 1990).

Legislative history

2007-2008 A. 9309 - A Passed Assembly 2009 A. 6349 Passed Assembly and Senate; Vetoed at Memo No. 69

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.