New York A 9143: Relates to establishing legally sufficient evidence in certain crimes against a vulnerable elderly, physically disabled, incompetent or incapacitated person

Bill Text

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A09143 Summary:

BILL NOA09143A

&nbsp

SAME ASNo Same As

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SPONSORLavine

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COSPNSR

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MLTSPNSR

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Add §155.44, Pen L

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Establishes a reasonable inference that certain transfers of money or property by a vulnerable elderly, physically disabled, incompetent or incapacitated person were a wrongful taking in violation larceny statutes.

Go to top A09143 Actions:

BILL NOA09143A

&nbsp

10/17/2025referred to codes

01/07/2026referred to codes

02/25/2026amend (t) and recommit to codes

02/25/2026print number 9143a

Go to topA09143 Committee&nbspVotes:

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There are no Assembly votes for this bill in this legislative session.

Go to topA09143 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9143--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 October 17, 2025
 ___________

 Introduced by M. of A. LAVINE -- read once and referred to the Committee
 on Codes -- recommitted to the Committee on Codes in accordance with
 Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the penal law, in relation to evidence in certain crimes
 against a vulnerable elderly, physically disabled, incompetent or
 incapacitated person

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

 1 Section 1. The penal law is amended by adding a new section 155.44 to
 2 read as follows:
 3 § 155.44 Rebuttable presumption regarding vulnerable elderly, physically
 4 disabled, incompetent or incapacitated victims.
 5 1. In any prosecution under this article, evidence that any transfer
 6 of money or property valued in excess of three thousand dollars at the
 7 time of the transfer, whether in a single transaction or multiple trans-
 8 actions, by a vulnerable elderly person, an incompetent or physically
 9 disabled person, or a person who has been determined to be incapacitated
 10 under article eighty-one of the mental hygiene law, and for which the
 11 transferor did not receive fair considerations permits an inference that
 12 the transaction was a wrongful taking under this article. Such infer-
 13 ence, if reasonable based on the totality of the circumstances, shall
 14 constitute legally sufficient evidence to establish wrongful taking
 15 without requiring testimony from the alleged victim regarding consent or
 16 authorization.
 17 2. The inference permitted under this section shall apply to any tran-
 18 sactions that occurred after the onset of the disease, infirmity, or
 19 other condition that rendered the transferor unable to consent to the
 20 transaction.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13517-02-6

 A. 9143--A 2

 1 3. Such inference shall not apply to any transactions made pursuant to
 2 a power of attorney validly executed pursuant to the provisions of
 3 section 5-1501B of the general obligations law.
 4 § 2. This act shall take effect immediately and shall apply to crimi-
 5 nal proceedings commenced on or after such effective date.

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