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History
- Substituted by A9534
- Advanced to third reading
- 2nd report cal.
- 1st report cal.192
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes felony offenses relating to endangering the welfare of an incompetent or physically disabled person
Signed by Governor · Sponsor Timothy P. Gordon
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to endangering 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 vulnerable 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 definition. 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 encompass 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.