What's happening
This bill expands the definition of "mentally disabled" in New York's penal law and clarifies larceny laws related to such individuals.
Why it matters
Strengthens protections for vulnerable adults. by clarifying that individuals who cannot understand the nature of giving away their property due to mental disability cannot legally consent to its transfer, making it easier to prosecute those who exploit them.
Updates the legal definition of “mentally disabled”. to include anyone unable to appraise the nature of their actions regarding their property, potentially broadening the scope of who is protected under larceny laws.
Closes legal loopholes. by specifying that obtaining property from a mentally disabled person—even if they appear to consent—is not a valid defense against larceny charges if the perpetrator knew or should have known about the disability.
May influence care providers, family members, and financial guardians. by reinforcing their responsibility to ensure the protection and fair treatment of mentally disabled individuals in financial matters.
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Who cares
People with mental disabilities
The bill would bar a consent defense when a person cannot appraise the taking, obtaining or withholding of their property and the defendant knew or had reason to know of that incapacity.
District attorneys
The bill would give prosecutors an explicit basis to counter a larceny defendant’s claim that a person meeting the new definition of mentally disabled consented to the taking of property.
Criminal defense attorneys
The bill would limit consent as a defense to larceny, making the property owner’s capacity and the defendant’s knowledge central issues in affected cases.
Headline styles
Protect Mentally Disabled from Theft
Plain English, a few words. Used as the page title.
Sponsors
7 Co-sponsors
4 Multi-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 · Codes · Sponsor Patrick M. Gallivan
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1857
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. SCHIMMINGER, ENGLEBRIGHT, GUNTHER, JAFFEE, OTIS, SIMOTAS, COOK, BRONSON -- Multi-Sponsored by -- M. of A. PEOPLES-STOKES, PERRY, 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 of this part, and bribe receiving as defined in section 200.05 of this part, 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.
LBD02852-02-9
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.