What's happening
This bill adds criminal penalties for financial exploitation of elderly or disabled persons by those in positions of trust.
Why it matters
Creates clear definitions of "elderly," "disabled," "person in a position of trust," and "intimidation,". which helps close legal loopholes and ensures targeted protection for those most vulnerable to financial crimes.
Expands the types of relationships covered,. including not just family members but also friends, neighbors, caregivers, and anyone with access to the victim due to a position of trust, making it harder for abusers to evade accountability.
Specifies that criminal penalties apply even if the perpetrator was unaware of the victim’s age or disability,. lowering the bar for prosecution and increasing deterrence against opportunistic exploitation.
Includes a good faith exception for those honestly trying to help manage an elderly or disabled person’s property,. reducing the risk of criminalizing well-intentioned caregivers or family members who make mistakes.
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Who cares
Headline styles
Protect Elderly From Financial Abuse
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
587
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to financial exploitation of the elderly and disabled
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 four new subdivisions 10, 11, 12 and 13 to read as follows:
10. "Elderly" means any person who is sixty years of age or older and is suffering from a disease or infirmity associated with advanced age, which is manifested by physical, mental or emotional dysfunctioning to the extent that such person is incapable of avoiding or preventing the commission of a larceny against himself or herself.
11. "Disabled" means any person who suffers from a permanent physical or mental impairment, as a result of a disease, injury, functional disorder or congenital condition, to the extent that such person is incapable of avoiding or preventing the commission of a larceny against himself or herself.
12. "Person in a position of trust" means a person who:
(a) is the parent, spouse, adult child or other relative by blood or affinity of an elderly or disabled person; or
(b) is a joint tenant or tenant in common with an elderly or disabled person; or
(c) has a fiduciary obligation to an elderly or disabled person; or
(d) receives monetary or other valuable consideration for providing care for the elderly or disabled person; or
(e) lives with or provides some component of home care services on a continuing basis to the elderly or disabled person including, but not limited to, a neighbor or friend who does not provide such services but has access to the elderly or disabled person based on such relationship.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02003-01-9
S. 587 2
13. "Intimidation" means the communication to an elderly or disabled person that he or she will be deprived of food, nutrition, shelter, medication, medical care or medical treatment.
§ 2. Subdivision 2 of section 155.05 of the penal law is amended by adding a new paragraph (f) to read as follows:
(f) By financial exploitation of the elderly or disabled.
(i) A person obtains property by financial exploitation of the elderly or disabled, when being a person in a position of trust, he or she compels or induces an elderly or disabled person to deliver such property to himself or herself or to a third person by means of fraud, false promise, extortion or intimidation.
(ii) No provision of this paragraph shall be deemed to impose criminal liability upon any person who in good faith seeks to assist an elderly or disabled person in the management of his or her property, but through no fault of such person is unable to assist the elderly or disabled person.
(iii) It shall be no defense to any prosecution for larceny by means of financial exploitation of the elderly or disabled that the defendant did not know the facts and conditions responsible for making the victim an elderly or disabled person.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to financial exploitation of the elderly and disabled
Purpose
This bill will allow prosecutions for financial abuse of senior citizens by amending the Penal Law to add a new crime of financial exploitation of the elderly or disabled.
Summary of specific provisions
This bill amends section 155.00 of the New York State Penal Law by adding a new paragraph regarding "Financial Exploitation of the Elderly and Disabled.
Read the full memo (615 words)
Elderly means any person who is 60 years of age or older who is also suffering from a disease or injury associated with advanced age. Disa- bled means any person who suffers from permanent physical or mental impairment as a result of a disease, injury, functional disorder or congenital condition to the extent that that person is incapable of preventing or avoiding the commission of a larceny against himself or herself.
A person in a position of trust is defined as any person who is the parent, spouse, adult child or other relative by blood or affinity; or a joint tenant or tenant in common or someone who has a fiduciary obli- gation to the elderly or disabled person.
Intimidation is the communication that he or she will be deprived of food, nutrition, shelter, medication, medical care or medical treatment.
Section 155.05 of the Penal Law is amended to make it a crime for a person in a position of trust to compel or induce the elderly or disa- bled person to deliver property by means of fraud, false promises, extortion or intimidation.
Justification
Presently, there are no provisions in the Penal Law to specifically address this growing problem. This has lead to instances where prosecu- tors have not been able to bring sufficient charges against persons who have exploited vulnerable senior citizens and disabled persons. Today, approximately 45 states have criminal statutes to address financial abuse of elderly and disabled persons. Prosecutors in New York have not only seen an increasing amount of elder financial abuse cases, but have also found that they cannot adequately prosecute this new type of crimi- nal because present Larceny statutes do not specifically define this type of theft. This has led to instances where prosecutors either have been prevented from prosecuting these criminals or have had to resort to cumbersome legal theories of prosecution that could be successfully appealed by a convicted person.
As New York's senior population has increased, there has been a marked increase in reported incidents of financial elder abuse. In most instances, financial elder abuse involves the theft of money from a senior's checking account, Certificate of Deposit and other bank accounts. Often, the perpetrator is a family member, a close "friend" or a caretaker who has frequent contact with the victim and has gained their trust. This new section of the Penal Code addresses this new crime and gives prosecutors the authority they need to successfully prosecute these criminals. Specifically, it recognizes that senior citizens and disabled persons are a special type of victim and creates new criteria for elder financial abuse.
Prior legislative history
2002 - A.3174 Referred to Assembly Codes Committee 2006 - A.1798 Referred to Assembly Codes Committee 2007 - A.305 Referred to Assembly Codes 2008 - A.305 Referred to Assembly Codes 2009 - S.8105 Referred to Codes/A.4163 Referred to Codes 2011 - S.4725 Passed Senate/A.2374 Referred to Codes 2013 - S.373 Passed Senate/A.2898 Referred to Codes 2015 - S.1417 Passed Senate/A.9974 Referred to Codes 2017- S.660 Passed Senate
Fiscal implications
None to the state.
Effective date
This act shall take effect on the first of November next succeeding the date on which it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.