What's happening
The bill expands the definition of "mentally disabled" and clarifies that larceny consent from such individuals is not a valid defense.
Why it matters
Broadens protection for vulnerable individuals. by expanding the definition of “mentally disabled” to include anyone unable to understand the nature of taking or withholding their property, ensuring more people are covered under larceny protections.
Removes ambiguity in criminal defense. by making it clear that obtaining consent from a person known (or reasonably known) to be mentally disabled cannot be used as a legal defense for larceny, closing a loophole that could allow exploitation.
Raises the standard for those interacting with the mentally disabled. by requiring individuals to consider whether someone may lack the capacity to consent regarding their property, potentially increasing the responsibility for caregivers, service providers, and others.
May impact prosecution and prevention of financial abuse. by making it easier to bring criminal charges in cases where mentally disabled persons are financially exploited, which could serve as a deterrent and offer stronger legal recourse for victims and their families.
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Who cares
Headline styles
Protect Mentally Disabled From Theft
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
History
- Referred to codes
- Referred to codes
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.
Protect Mentally Disabled from Theft
In Senate Committee · Rules · Sponsor Patrick M. Gallivan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3215
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. SCHIMMINGER, ENGLEBRIGHT, GUNTHER, JAFFEE, OTIS, SIMOTAS, COOK, BRONSON -- Multi-Sponsored by -- M. of A. MAGEE, PEOPLES-STOKES, PERRY, SKARTADOS, STECK, THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the definition of mentally disabled and in relation to larceny
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 155.00 of the penal law is amended by adding a new subdivision 10 to read as follows:
10. "Mentally disabled" means that a person suffers from a mental disease, defect or condition which renders him or her incapable of appraising the nature of the conduct constituting the taking, obtaining or withholding of his or her property.
§ 2. Section 155.10 of the penal law is amended to read as follows: § 155.10 Larceny; no defense.
1. The crimes of (a) larceny committed by means of extortion and an attempt to commit the same, and (b) bribe receiving by a labor official as defined in section 180.20, and bribe receiving as defined in section 200.05, are not mutually exclusive, and it is no defense to a prosecution for larceny committed by means of extortion or for an attempt to commit the same that, by reason of the same conduct, the defendant also committed one of such specified crimes of bribe receiving.
2. It is no defense to a prosecution for larceny that the defendant obtained consent to take, withhold, or obtain property, where such consent was obtained from a person whom the defendant knew or had reason to know was mentally disabled.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00100-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.