BILL NUMBER: S474
SPONSOR: TEDISCO
 
TITLE OF BILL:
An act to amend the penal law and the criminal procedure law, in
relation to crimes against vulnerable elderly or disabled persons
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide enhanced penalties for crimes committed against the elderly
or disabled that more accurately reflect the seriousness of those crimes
and are sufficient to deter criminals from targeting those individuals
as victims.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Section 260.31 of the penal law to remove the defi-
nition of "caregiver" and to amend the definition of "vulnerable elderly
person" to include persons seventy years of age or older.
Section 2 amends Section 260.32 of the Penal Law to remove the require-
ment that a person be a caregiver for a vulnerable elderly person in
order to be guilty of endangering the welfare of a Vulnerable Elderly
Person in the second degree. This change would make all people who
assault an elderly person guilty of this crime.
Section 3 amends Section 260.34 of the Penal Law making a similar to
change to Endangering the Welfare of a vulnerable Elderly Person in the
first degree.
Section 4 amends S70.02 of the penal law to make endangering the Welfare
of a vulnerable Elderly Person in the first and second degree a Class D
violent felony offense and a Class E violent felony offense, respective-
ly.
Section 5 adds a new Title Y-3 to the penal law to create a new crimes
against the elderly or disabled, which would raise the level of offense
by one level for specified crimes committed against a victim who the
defendant selected based on a perceived disability or age related
infirmity or illness, creates a rebuttable presumption that an apparent-
ly disabled or elderly person was selected due to their disability or
age related infirmity, and creates a second rebuttable presumption that
a person over the age of 70 appeared to the defendant to be elderly.
 
JUSTIFICATION:
Several years ago, a 71-year-old woman was walking in front of 485 7th
Avenue in Manhattan when a suspect bumped into her and forcefully pushed
her to the ground, causing a fractured left elbow.
Just one month prior to that, a 69-year-old man was punched and kicked
in an attack by two men while he was walking on the sidewalk in
Manhattan's East Village
The penalty such an individual would face for either robbery or assault
Upon these victims are the same as had the assailant attacked a
25-year-old football player. In addition, criminals may target victims
who appear elderly or disabled due to a belief that such a person is
less likely to resist, less likely to defend themselves, or less able to
report the crime or details of the crime to law enforcement.
These assumptions may not be correct. People who appear to be elderly
may be in excellent physical and mental condition. People who appear
disabled may not be. And certainly people with disabilities or age
related illnesses or infirmities may be as ready and able to fight back
against a criminal, or providing incriminating testimony against a crim-
inal as a person without a disability or advanced age. What makes the
targeting of the elderly and disabled so heinous is that the criminals
select victims whom they believe to be easier targets, exposing the
criminal to less risk of failure or injury, or even less risk of arrest
or conviction in cases where they believe the victim will not be willing
or able to report the crime, give an accurate description of the offen-
der, or testify as to the events of the crime.
Criminals make calculated decisions as to their selection of victim,
balancing their potential ill-gotten gains against their risk of being
hurt or imprisoned. This legislation alters that equation by providing a
more serious penalty for crimes targeting people who might appear most
vulnerable.
 
PRIOR LEGISLATIVE HISTORY:
02/02/17: S.4040 REFERRED TO CODES
01/03/18: S.4040 REFERRED TO CODES
01/09/19: S.351 REFERRED TO CODES
01/08/20: S.351 REFERRED TO CODES
01/06/21: S.175 REFERRED TO CODES
01/05/22: S.175 REFERRED TO CODES
01/04/23: S.93 REFERRED TO CODES
01/03/24: S.93 REFERRED TO CODES
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

Statutes affected:
S474: 260.34 penal law