Establishes the crime of criminal neglect of a vulnerable elderly person or a person with a disability

4 Co-sponsors

• Eric Adams
• Ruben Diaz
• Ruth Hassell-Thompson
• Liz Krueger

Title of bill

An act to amend the penal law, in relation to establishing the crime of criminal neglect of a vulnerable elderly person or a person with a disability

Purpose or general idea of bill

This bill would add a new article 261 to the Penal Law entitled "Criminal neglect of a vulnerable elderly person or a person with a disability." It would be a class "A" misdemeanor for any caregiver to knowingly act, (or fail to act), in a manner likely to threaten the life of, endanger or injure the health of, or cause a deterioration of a previously existing physical or mental condition of, a vulnerable elderly person or a person with a disability. The term "Caregiver" is broadly defined. The bill would also criminalize (an "A" misdemeanor) the abandonment of such person, a growing practice in our society frequently referred to as "Granny-dumping". Neither of these areas are presently addressed by penal statutes in New York State. The provisions of this bill would apply only in noninstitutionalized settings and would have no impact on health care providers licensed under the Education Law such as physicians, dentists, etc., rendering care in the normal course of his or her profession.

Summary of specific provisions

This bill amends the Penal Law by adding a new Article 261 entitled: "CRIMINAL NEGLECT OF A VULNERABLE ELDERLY PERSON OR A PERSON WITH A DISABILITY" Section 261.00 contains four subdivisions defining certain terms found in the new Article. Subdivision (1) defines "Vulnerable elderly person" as someone who is 60 years of age or older who is suffering from a disease or infirmity associated with advanced age and manifested by physical or mental dysfunctioning which renders such person incapable of adequately providing for his or her own health and personal care. Subdivision (2) defines "Person with a disability" as any person who has a physical, mental or medical impairment resulting from anatomical, physiological, or neurological conditions that prevent the exercise of a normal bodily function or that substantially impair cognitive function, and which renders such person incapable of adequately providing for his or her own health and personal care. Subdivision (3) defines "Caregiver" as a person who provides for the health and personal care of a vulnerable elderly person or a person with a disability, at such person's place of residence, including but not limited to, food and nutrition, shelter, hygiene, prescribed medication and medical care or treatment. This subdivision (3) has 5 subparagraphs listed as "a", "b", "c", "d" and "e", which further define who is considered a "Caregiver". The term is deliberately defined in the broadest long-term health care facility licensed or certified under the Public Health Law (i.e., hospitals, nursing homes, etc., or any of their employees), or any health care provider licensed under the Education Law (i.e., physicians, dentists, etc.) and who renders care in the ordinary course of his or her profession. Subdivision (4) defines "Abandon" to mean to desert or knowingly leave a vulnerable elderly person or a person with a disability in any place with intent to abandon such person. Section 261.05 provides that it is a class "A" misdemeanor for any care- giver to knowingly act, (or fail to act), in a manner likely to threaten the life of, endanger or injure the health of, or cause a deterioration of a previously existing physical or mental condition of, a vulnerable elderly person or a person with a disability. Subdivision "C" of this section provides that "Abandonment" of such person is also a class "A" misdemeanor. Section 261.10 (a) provides a defense for any accused if that person made a good faith effort to provide the necessary help and personal care but failed through no fault of his or her own. Subdivision (b) provides an additional defense to a person who provides treatment through spiritual means by prayer alone and personal care consistent with the tenets and practices of any church or religious denomination of which the vulnerable elderly person or the person with a disability is a member. Section 261.15 provides that the instant law is not intended to deprive the vulnerable elderly person or the person with a disability of any other remedy available to them under law.