Provides for mandatory imprisonment and plea restrictions for offenses victimizing the elderly and physically disabled

A new Article 280 is added to the Penal Law establishing the crime of victimizing the elderly in 3 separate degrees: class B, C, and D felonies. The newly established crimes set forth B, C and D felonies respectively, and add the aggravating element that the crime was committed against a person 62 years old or physically disabled.

A prison sentence is mandated for those who are convicted of such crimes in accordance with the provisions of new §70.09. Under this section, offenders against the elderly would receive lengthier minimum periods of imprisonment than the ordinary offender who receives a prison sentence but less than the second felony offender. Penalties for offenses against the elderly are specifically required for the following crimes: menacing, unlawful imprisonment, and grand larceny. Plea bargaining, already restricted for class A and B felonies, is further restricted for those accused of the class C felony of victimizing the elderly in the second degree.

Finally, juveniles who are found to have committed the crime of victimizing the elderly in the first or second degree, would be subject to mandatory court placement in secure DFY facilities.

Justification

Elderly people continue to be singled out as victims of physical attack and muggings. Moreover, the physical harm and emotional trauma suffered by elderly victims of crime have a devastating effect on them. Thus, the problem of crime against the elderly is not limited to volume, but encompasses serious social, psychological, and physical consequences. These consequences impact the aged in a disproportionately severe manner compared to younger persons because elderly people are less able to recover from the results of .crime than younger people. Criminologists, sociologists, psychologists, lawyers, and policemen have recognized and acknowledged this fact - the law has not. Thus,

we witness its ineffectiveness in deterring crimes against older persons which involve violence and the threat of violence.

The law should provide more stringent treatment for offenders who prey upon the elderly and disabled, many of whom have been repeatedly victimized by the same persons. The elderly victim has the dubious distinction of presenting unique characteristics as an inviting target of crime such as decreased physical capability to resist an attacker. He/she cannot move as quickly as younger people; cannot see as well; cannot hear as well; sensory perception is not as sharp as that of a younger person. The after effects of crime on the elderly affect them much more deeply than the crime statistics indicate. The emotional trauma of a face-to-face crime affects them much more acutely -- many never recover psychologically.

An elderly person is also more likely to suffer permanent physical damage. These victims often become afraid to leave their homes to go shopping, to visit a friend, to go to the doctor, or to simply enjoy the outdoors. Their lifestyles become downgraded, isolated, and sometimes result in death. The older crime victim is twice victimized -- by the crime and by its after-effects.

Furthermore, many elderly people do not report a crime or press charges because they fear reprisal, oftentimes justifiably. For these reasons, offenses committed against elderly persons must be viewed as unique and deserving of stricter treatment. Such treatment is by no means considered a panacea - the root problem of crime is tangled and complex. It is necessary, however, to establish a meaningful deterrent for those who prey upon the elderly, including juveniles and youthful offenders.

Fiscal implications

None.

Prior legislative history

1995-96: Assembly Codes Cmte. 1997-98: Assembly Codes Cmte. 1999-00: Assembly Codes Cmte. 2001-02: Assembly Codes Cmte. 2003-04: Senate Codes Cmte./Assembly Codes Cmte. 2005-06: Senate Codes Cmte./Assembly Codes Cmte. 2007: Senate Codes Cmte./Assembly Codes Cmte. 2008: Senate Codes Cmte./Assembly 2009: Senate Codes Cmte. 2010: Senate Codes Cmte./Notice of Committee Consideration Requested; Reported and Committed to Finance Cmte.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law.