What's happening
This bill allows conditional examination of seniors, adds protections for mentally disabled larceny victims, and expands support for elderly witnesses in grand jury proceedings.
Why it matters
Allows seniors aged 75 and older to have their testimony conditionally examined before trial. , recognizing that age can affect a witness’s future availability and ensuring crucial evidence is preserved in criminal cases.
Strengthens protections for mentally disabled victims of larceny. by clarifying that it is not a valid legal defense if a perpetrator claims they had the victim’s consent, when they knew or should have known the victim was mentally disabled and incapable of genuinely consenting.
Expands the right for elderly and vulnerable witnesses to have support persons during grand jury proceedings. , making it easier for these individuals to participate in the justice process without undue stress or intimidation, and potentially improving the quality of their testimony.
Reflects a broader commitment to accommodating the needs of seniors and mentally disabled individuals within the criminal justice system. , which may encourage more reporting of crimes and support the prosecution of offenders targeting these populations.
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Who cares
Headline styles
Protect Seniors in Court
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1655
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to conditional examination of seniors before trial and a senior's participation in grand jury proceedings; and to amend the penal law, in relation to defenses to larceny when the victim is mentally disabled
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 660.20 of the criminal procedure law is amended to read as follows:
2. Will not be amenable or responsive to legal process or available as a witness at a time when his or her testimony will be sought, [either] because he or she is:
(a) About to leave the state and not return for a substantial period of time; [or]
(b) Physically ill or incapacited[.]; or
(c) Of an advanced age, which for the purposes of this section, shall mean seventy-five years of age or older.
§ 2. 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.
§ 3. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06184-01-9
S. 1655 2
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.
§ 4. Paragraph (h) of subdivision 3 of section 190.25 of the criminal procedure law, as amended by chapter 347 of the laws of 2014, is amended and a new paragraph (i) is added to read as follows:
(h) A social worker, rape crisis counselor, psychologist or other professional providing emotional support to a child witness twelve years old or younger[, or a social worker or informal caregiver, as provided in subdivision two of section two hundred six of the elder law, for a vulnerable elderly person as provided in subdivision three of section 260.31 of the penal law,] who is called to give evidence in a grand jury proceeding concerning a crime defined in article one hundred twenty-one, article one hundred thirty, article two hundred sixty, section 120.10, 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27 of the penal law provided that the district attorney consents. Such support person shall not provide the witness with an answer to any question or otherwise participate in such proceeding and shall first take an oath before the grand jury that he or she will keep secret all matters before such grand jury within his or her knowledge.
(i) A social worker or informal caregiver, as defined in subdivision two of section two hundred six of the elder law, for a vulnerable elderly person as defined in subdivision three of section 260.31 of the penal law, as added by chapter three hundred eighty-one of the laws of nineteen hundred ninety-eight, who is called to give evidence in a grand jury proceeding, concerning any type of offense, provided that the district attorney consents. Such support person shall not provide the witness with an answer to any question or otherwise participate in such proceeding and shall first take an oath before the grand jury that he or she will keep secret all matters before such grand jury within his or her knowledge.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to conditional examination of seniors before trial and a senior's participation in grand jury proceedings; and to amend the penal law, in relation to defenses to larceny when the victim is mentally disabled
Purpose or general idea of bill
Relates to the conditional examination of seniors before trial and a senior's participation in grand jury proceedings
Summary of provisions
Section 1: Allows seniors aged seventy-five or older to be examined conditionally as witnesses rather than be subjected to the stresses of a trial.
Section 2: Defines the term "mentally disabled" for purposes of the law.
Section 3: Bans an individual charged with larceny from defending himself or herself by claiming that he or she had consent from the victim to take his or her property, if the defendant knew or should have known that the victim was mentally disabled.
Section 4: Adds "social worker or informal caregiver" for a vulnerable elderly person to the list of individuals who may be present during grand jury proceedings.
Section 5: Effective date.
Justification
Senior citizens and individuals with mental disabilities face unique challenges in the justice system. This bill addresses some of those challenges by making it easier for seniors of advanced age or reduced capacity to deal with criminal proceedings and harder for individuals who steal from people with mental disabilities to get away with a crime.
Prior legislative history
None
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.