Includes the financial exploitation of the elderly or disabled within the crime of larceny

2 Co-sponsors

• David Carlucci
• Liz Krueger

BILL NUMBER:S373

Title of bill

An act to amend the penal law, in relation to financial exploitation of the elderly and disabled

Purpose

This bill will allow prosecutions for financial abuse of senior citizens by amending the Penal Law to add a new crime of financial exploitation of the elderly or disabled.

Summary of specific provisions

This bill amends section 155.00 of the New York State Penal Law by adding a new paragraph regarding "Financial Exploitation of the Elderly and Disabled."

Elderly means any person who is 60 years of age or older who is also suffering from a disease or infirmity associated with advanced age. Disabled means any person who suffers from permanent physical or mental impairment as a result of a disease, injury, functional disorder or congenital condition to the extent that that person is incapable of preventing or avoiding the commission of a larceny against himself or herself.

A person in a position of trust is defined as any person who is the parent, spouse, adult child or other relative by blood or affinity; or a joint tenant or tenant in common or someone who has a fiduciary obligation to the elderly or disabled person.

Intimidation is the communication that that he or she will be deprived of food, nutrition, shelter, medication, medical care or medical treatment.

Section 155.05 of the Penal Law is amended to make it a crime for a person in a position of trust to compel or induce the elderly or disabled person to deliver property by means of fraud, false promises, extortion or intimidation.

Justification

Presently, there are no provisions in the Penal Law that specifically address this growing problem. This has lead to instances where prosecutors have not been able to bring sufficient charges against persons who have exploited vulnerable senior citizens and disabled persons. Today, approximately 45 states have criminal statutes to address financial abuse of elderly and disabled persons. Prosecutors in New York have not only seen an increasing amount of elder financial abuse cases, but have also found that they cannot adequately prosecute this new type of criminal because present Larceny statutes do not specifically define this type of theft. This has led to instances where prosecutors either have been prevented from prosecuting these criminals or have had to resort to cumbersome legal theories of prosecution that could be successfully appealed by a convicted person.

As New York's senior population has increased, there has been a marked increase in reported incidents of financial elder abuse. In most instances, financial elder abuse involves the theft of money from a senior's checking account, Certificate of Deposit and other bank accounts. Usually the perpetrator is a family member, a close "friend" or a caretaker who has frequent contact with the senior and has gained the senior's trust. This new section of the Penal Code addresses this new crime and gives prosecutors the authority they need to successfully prosecute these criminals. Specifically, it recognizes that senior citizens and disabled persons are a special type of victim and creates new criteria for elder financial abuse.

Prior legislative history

2002 - A.3174 Referred to Assembly Codes Committee 2006 - A.1798 Referred to Assembly Codes Committee 2007 - A.305 Referred to Assembly Codes 2008 - A.305 Referred to Assembly Codes 2009 - S.8105 Referred to Codes/A.4163 Referred to Codes 2011 - S.4725 Passed Senate/A.2374 Referred to Codes

Fiscal implications

None to the state.

Effective date

This act shall take effect on the first of November next succeeding the date on which it becomes law.