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History
- Referred to codes
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Bill number
S335
Title of bill
An act to amend the penal law and the social services law, in relation to dependent adults
Purpose
To ensure the safety of dependent adults by increasing penalties for crimes committed against them, outlining reporting procedures and creation of a statewide hotline.
Summary of provisions
Title O of the Penal Law is amended by adding a new Article 261; Amends sections 20 and 459 of the Social Services Law.
-Defines all types of crimes of abuse committed against dependent adults and sets fixed penalties.
-Establishes a statewide hotline for reporting dependent adult abuse and a support-line for caregivers.
-Institutes set reporting procedure including, who must report, what must be contained within the report, and which agency will take action on the report.
Justification
Jane Rood, a 91 year-old widow sold her house in exchange for daily care. Linda Douglas, the homecare worker, was hired by The Bullock Nursing Service of Concord, without experience. Douglas proceeded to starve her, refuse to give her water and deny her any visitors.
In Fort Lauderdale, Florida, a live-in housekeeper "controlled" an 85 year old man and his blind, bedridden wife, 83, and took $500,000 of their cash and property before others became suspicious.
According to the American Medical Association, 1 in 25 elderly adults above the age of 65, is abused each year. It is impossible to cite approximate statistics for the incidence of abuse to dependent adults between the ages of 18-65 because of the lack of a central registry for the reporting of such abuse. It would seem logical that those adults who are in some way helpless, deserve additional protection, and yet, there are no existing laws that sufficiently punish the people who abuse dependent adults. This omnibus act will not only define the different types of abuse, it makes them unlawful. A central reporting site is needed as well as an absolute established reporting procedure. Guidelines are necessary to maintain the uniformity of reports. This proposal would make reporting of these crimes mandatory for those who take a regular part in a dependent adult's life, as well as, make the process less complicated for those who do report such abuse.
In order to lend support to those caregivers who are frustrated and are in need of outlets, this legislation establishes a support-line that would be available statewide for those who want or need to discuss their stress, strain or anxiety that can accompany the caring of a person who is dependent upon them.
Legislative history
2007/2008 - S.731 Remained in the Senate Committee on Codes 2005/2006 - S.223 Remained in the Senate Committee on Codes 2003/2004 - S.568 Remained in the Senate Committee on Codes
Fiscal implications
To be determined.
Effective date
These acts shall take effect on the first of November next succeeding the date on which it shall become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.