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Sponsors
1 Co-sponsor
History
- Print number 5515a
- Amend and recommit to finance
- Referred to finance
- Referred to finance
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.
Enacts the "elderly abuse protective act" relating to elderly abuse protective services; appropriation
In Assembly Committee · Aging · Sponsor Jeffrey Dinowitz
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5515A
Title of bill
An act to amend the social services law, in relation to elderly abuse protective services and making an appropriation therefor
Purpose
Establishes a statewide system for and mandates the reporting of any abuse, neglect, exploitation, or abandonment of an elderly person. Requires an investigation by an appropriate department and, if warranted, the forwarding of such investigative findings to the local district attorney for criminal prosecution.
Summary of provisions
Amends Article 5 of the Social Services Law by adding a new Title 9. This bill requires that any person with the responsibility of caring for an elderly person or an elderly person's property, who has a reasonable basis to believe that such elderly person is or has been abused, neglected, exploited, or in need of protective services, must report such information to either the Commissioner of the Office of Children and Family Services, the Commissioner of the Office of Mental Health or the Commissioner of OMRDD, depending on where the abuse took place; or to the statewide central registry which is established by this legislation. If such conduct is criminal in nature and not covered by one of the above agencies, the report may be made to an appropriate law enforcement agency. This legislation further requires investigations of all such reports and then to have the findings forwarded to the local district attorney if criminal prosecution is warranted; imposes a $500 fine against any person who is under a duty to report elderly abuse but fails to do so; grants immunity from civil and criminal liability to any person who in good faith makes a report pursuant to this law.
Justification
A person responsible for the care of an elderly person or an elderly person's property may have a reasonable basis for believing that such elderly person is or has been abused, neglected, exploited or abandoned yet fails to report such abuse because they are under no duty to do so. As a result, the elderly person, who may be unable to help him or herself or are unaware that they have been or are being abused, neglected, exploited or abandoned, or that protective services are available and that they need not continue to suffer. This legislation will ensure that there is a mechanism for reporting abuse and providing the necessary protective services as well as ending the abusive relationship.
Legislative history
S.3206/A.6227 (2001-2002) S.4968A/A.11034 (1999-2000)
Fiscal implications
The bill carries a State appropriation of $600,000.
Effective date
120 days after enactment.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.