Establishes criminal offenses committed against the elderly or disabled persons

Summary of provisions

Section One - The section heading and subdivision 1 of section 60.35 of the penal law, as amended by section 1 of part E of chapter 56 of the laws of 2004, subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision 1 as amended by section 1 of part DID of chapter 56 of the laws of 2008 and paragraph (b) of subdivision 1 as amended by chapter 320 of the laws of 2006 are amended to make reference to a senior antiviolence services fee.

Section Two - The penal law is amended by adding a new article 261 to create offenses against the elderly and disabled. This article defines for the purpose of this section the terms "caregiver," "sexual contact," "vulnerable elderly person," "elderly person," and "disabled person." A presumption is created that one of the above persons was chosen in whole or in part as a victim of a crime because of a belief that such victim is elderly and/or disabled. The following new crimes are created: 1) Abandonment of an elderly or disabled person; 2) Endangering the welfare of an elderly or disabled person; 3) Endangering the welfare of a vulnerable elderly person or a disabled person in the second degree; and 4) Endangering the welfare of a vulnerable elderly person or a disabled person in the first degree. This section also includes affirmative defense and corroboration language in relation to the conviction of these above new crimes.

Section Three - Section 120.05 of the penal law is amended by adding a new subdivision 13 which sets parameters of acre for a perpetrator and age and level of impairment of a victim for the purposes of this act. Section Four - Section 135.30 of the penal law is amended to make a provision which shall not be an affirmative defense in the prosecution of kidnapping.

Section Five - Section 135.45 of the penal law is amended by adding a new subdivision 3 in relation to enticing a person sixty years of age or older or who has a physical or mental impairment.

Section Six: Section 140.10 of the penal law is amended by adding a new subdivision (h) relating to a dwelling being. occupied by an elderly or physically or mentally disabled person.

Section Seven - Provides a severability clause.

Section Eight - Sets forth an immediate effective date.

Justification

Members of the senior citizen community often times must rely on the care of others, to carry out daily tasks. They are a

community vulnerable to abuse, and this legislation will ensure that there are protections in place that will hold those who would abuse an elderly person, a person who often times cannot protect themselves, accountable for their cruelty.

Family members who are unable to care for their loved ones, and entrust their care to outside sources, like nursing homes, home health aides, and visiting nurse services, need to be ensured that their elderly family members are protected, and that when abuse does occur, the people who commit those abuses will be punished to the full extent of the law. It is our duty to protect those in our society who are vulnerable, and this legislation ensures the protection of New York's elderly.

Legislative history

01/04/12 Referred to codes

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.