Relates to larceny

Title of bill

An act to amend the penal law, in relation to the definition of mentally disabled and in relation to larceny; to amend the civil practice law and rules, in relation to the mental condition of a victim; to amend the criminal procedure law, in relation to examination of witnesses; and to amend the penal law, in relation to larceny

Purpose

To reform the penal law, civil practice law, and criminal procedural law with respect to elder fraud as recommended by the New York State White Collar Crime Task Force.

Summary of provisions

Section 1 of this bill amends section 155 of the penal law by adding a new subdivision 10 defining "mentally disabled".

Section 2 of this bill amends section 155.10 of the penal law by adding a subdivision 2 stating that it is no defense to a prosecution for larceny that the defendant obtained consent to take property where such consent was obtained from a person whom the defendant knew or had reason to know was mentally disabled.

Section 3 of this bill amends section 4504 of the civil practice law and rules by adding a new subdivision (e) concerning the mental condition of a victim.

Section 4 of this bill amends subdivision 2 of section 660.20 of the criminal procedure law by adding a paragraph (c).

Section 5 of this bill amends paragraph (d) of subdivision 2 of section 155.05 of the penal law by adding the language "provided that partial performance of such promise does not, by itself, preclude a reasonable jury from making such finding from all the facts and circumstances".

Section 6 of this bill states that this act shall take effect immediately.

Justification

Criminal law in New York State has not undergone a comprehensive revision since the Bartlett Commission drafted the "new" Penal Law in 1965. While the Commission's revision was considered the most significant legislation achieved in the evolution of a twentieth century criminal code, the provisions on white-collar crime, were relatively rudimentary. New York did not have the benefit of the experience gained during the last five decades combating fraud and corruption.

With the 21st century, development of commerce and technology has taken us from an industrial world where large corporations were beginning to exploit computer technology to a technological one where everyone, including criminals, have access to electronic marvels.

These changes in technology have brought an evolution of crimes and factual scenarios never contemplated by the Commission, such as transnational cybercrime rings, the rise in value of intellectual property and the corresponding activities of thieves, billion-dollar securities fraud schemes, computer hacking, and increasingly