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S7712Senate2019-2020 SessionSame asA10064

Add ID Theft to Elder Abuse

Official title

“Incorporates identity theft into the definition of elder abuse for purposes of support services and programs for elder persons”

Sponsor Rachel MaySD-53+1 co-sponsorAffects Health
Status
In Assembly Committee
Aging
Impact
3/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Aging

What's happening

This bill expands the definition of elder abuse to include identity theft, ensuring related support services and public education.

Why it matters

  1. Expanding "elder abuse" to include identity theft means more seniors affected by scams and data breaches can access specialized support services, counseling, and intervention programs that were previously unavailable for such crimes.

  2. Public education campaigns about elder abuse will now specifically address identity theft, increasing awareness among older adults, caregivers, and service providers about how to recognize, prevent, and respond to this growing threat.

  3. Law enforcement and related agencies will be required to update their training and policies to include identity theft as a form of elder abuse, potentially improving detection, reporting, and prosecution of these cases.

  4. Aligning state and city definitions ensures more consistent protections and responses for elders across New York, closing gaps that may have left some victims of identity theft without adequate resources or legal recognition.

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Who cares

Headline styles

Add ID Theft to Elder Abuse

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rachel May

Senator · Senate District 53

Chair, Aging

1 Co-sponsor

History

  1. Referred to aging
  2. Delivered to assembly
  3. Passed senateVote 60–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.582
  7. Referred to aging

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.

A10064Assembly

Add ID Theft to Elder Abuse

In Assembly Committee · Aging · Sponsor Catalina Cruz

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7712

IN SENATE

February 10, 2020

Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Aging

AN ACT to amend the elder law, the executive law and the administrative code of the city of New York, in relation to incorporating identity theft into the definition of elder abuse for purposes of support services and programs for elder persons

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 1 of section 209 of the elder law is amended by adding a new paragraph (i) to read as follows:

(i) "Elder abuse or exploitation" shall mean any knowing or intentional act by a person which causes harm or a serious risk of harm to an older adult including physical, emotional, sexual, or financial harm, or harm related to identity theft, or neglect, abandonment or confinement.

§ 2. Subdivision 16 of section 202 of the elder law, as added by chapter 455 of the laws of 2016, is amended to read as follows:

16. to the extent appropriations are available, and in consultation with the office of children and family services, conduct a public education campaign that emphasizes zero-tolerance for elder abuse. Such campaign shall include information about the signs and symptoms of elder abuse, identification of potential causes of elder abuse, resources available to assist in the prevention of elder abuse, where suspected elder abuse can be reported, contact information for programs offering services to victims of elder abuse such as counseling, and assistance with arranging personal care and shelter. Such campaign may include, but not be limited to: printed educational and informational materials; audio, video, electronic, other media; and public service announcements or advertisements. For purposes of this subdivision, the term "elder abuse" shall have the same meaning as the term "Elder abuse or exploitation" as set forth in paragraph (i) of subdivision one of section two hundred nine of this title.

§ 3. Subdivision 1 of section 215 of the elder law is amended by adding a new paragraph (f) to read as follows:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD15090-01-0

S. 7712 2

(f) "Elder abuse" shall have the same meaning as the term "Elder abuse or exploitation" as set forth in paragraph (i) of subdivision one of section two hundred nine of this title.

§ 4. Subdivision 1 of section 217 of the elder law is amended by adding a new paragraph (f) to read as follows:

(f) "Elder abuse" shall have the same meaning as the term "Elder abuse or exploitation" as set forth in paragraph (i) of subdivision one of section two hundred nine of this title.

§ 5. Section 214-c of the executive law, as added by chapter 184 of the laws of 2008, is amended to read as follows:

§ 214-c. Elder abuse awareness. The superintendent, in cooperation with the state office for the aging and the office of children and family services, shall, for all members of the division of state police: (1) develop, maintain and disseminate educational material relating to abuse of adults, including physical abuse, sexual abuse, emotional abuse, active neglect, passive neglect, self neglect, and financial exploitation, as such terms are defined in section four hundred seventy-three of the social services law, and identity theft, and (2) establish and implement written procedures and policies in the event a member of the division of state police encounters such abuse, including the provision of information and referral.

§ 6. Subdivision e of section 21-201 of the administrative code of the city of New York, as added by local law number 43 of the city of New York for the year 2008, is amended to read as follows:

e. "Elder abuse" shall mean any knowing, intentional, or negligent act by a caregiver or any other person holding a trusting relationship with a vulnerable older adult, which causes harm or a serious risk of harm to that older adult including physical, emotional, sexual, or financial harm, or harm related to identity theft, or neglect, abandonment or confinement.

§ 7. 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 elder law, the executive law and the administrative code of the city of New York, in relation to incorporating identity theft into the definition of elder abuse for purposes of support services and programs for elder persons

PURPOSE::

The purpose of this bill is to protect seniors from fraudulent use of personal information by authorizing support services on identity theft through non-profit agencies and the state police.

SUMMARY OF PROVISIONS::

The bill adds a definition of "elder abuse and exploitation" to subdivi- sion 1 of section 209 of the elder law and incorporates identity theft in the list of eligible support services through the naturally occurring retirement communities (NORCS) programs. The bill amends section 214-c of the executive law to provide that identity theft shall be one of the many forms of elder abuse that the Office of the Aging and the state police address in their educational materials for police officers' use when encountering such abuse. The bill amends subdivision e of section 21-201of the administrative code of the city of New York to add identity theft to the definition of elder abuse.

JUSTIFICATION::

The unlawful use of an individual's personal identification information such as social security number, driver's license information, or bank and credit card account can result in terrible consequences lasting years. In its worst form it can leave the older victim bankrupt and without assets in their retirement. The Federal Trade Commission (FTC) estimates that as many as 9 million American adults have their identi- ties stolen each year. The crime takes many forms and may go undetected for long periods; it often is not discovered until a review of a credit card statement or receipt of notice for charges not made-or worse, until the person is contacted by a debt collector. (Source: Federal Trade Commission, NYS Attorney General's Office).

While older adults are not the exclusive targets of identity theft, they can be especially susceptible to victimization as they often need to share their personal information with caregivers, medical providers' offices, government agencies, and over the internet. The impact of iden- tity theft can be devastating for older adult victims who are unable to restore stolen funds through employment. A recent study by the Office of Children and Family Services found that the cost of financial exploita- tion of adults in New York is over $1 billion dollars yet state law does not currently include identity theft in the definition of "elder abuse". With this legislation our aging support services groups and our law enforcement teams will be able to use available resources to help seniors, the fastest growing sector of our population, from identity theft in its many forms.

LEGISLATIVE HISTORY::

New bill

FISCAL IMPLICATIONS::

None

LOCAL FISCAL IMPLICATIONS::

Minimal

EFFECTIVE DATE::

Immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.