New York A 4324: Relates to the conditional examination of seniors before trial and a senior's participation in grand jury proceedings

Bill Text

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A04324 Summary:

BILL NOA04324 

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SAME ASNo Same As

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SPONSORDinowitz

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COSPNSR

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MLTSPNSR

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Amd §§660.20 & 190.25, CP L; amd §§155.00 & 155.10, Pen L

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Allows for the conditional examination of victims who are at least 75 years of age; amends the definition of larceny to ensure that alleged consent by a victim who is mentally disabled is a not a defense to larceny; permits a caregiver to accompany a vulnerable victim into the grand jury.

Go to top A04324 Actions:

BILL NOA04324 

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02/04/2025referred to codes

12/05/2025enacting clause stricken

Go to topA04324 Committee&nbspVotes:

Go to topA04324 Floor&nbspVotes:

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

Go to topA04324 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4324

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
 tee 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 Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 2 of section 660.20 of the criminal procedure
 2 law is amended to read as follows:
 3 2. Will not be amenable or responsive to legal process or available as
 4 a witness at a time when [his] their testimony will be sought, [either]
 5 because [he] such person is:
 6 (a) About to leave the state and not return for a substantial period
 7 of time; [or]
 8 (b) Physically ill or [incapacited.]incapacitated; or
 9 (c) Of an advanced age, which for the purposes of this section, shall
 10 mean seventy-five years of age or older.
 11 § 2. Section 155.00 of the penal law is amended by adding a new subdi-
 12 vision 17 to read as follows:
 13 17. "Mentally disabled" means that a person suffers from a mental
 14 disease, defect or condition which renders such person incapable of
 15 appraising the nature of the conduct constituting the taking, obtaining
 16 or withholding of their property.
 17 § 3. Section 155.10 of the penal law is amended to read as follows:
 18 § 155.10 Larceny; no defense.
 19 1. The crimes of (a) larceny committed by means of extortion and an
 20 attempt to commit the same, and (b) bribe receiving by a labor official
 21 as defined in section 180.20, and bribe receiving as defined in section
 22 200.05, are not mutually exclusive, and it is no defense to a prose-
 23 cution 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.
 LBD08271-01-5

 A. 4324 2

 1 commit the same that, by reason of the same conduct, the defendant also
 2 committed one of such specified crimes of bribe receiving.
 3 2. It is no defense to a prosecution for larceny that the defendant
 4 obtained consent to take, withhold, or obtain property, where such
 5 consent was obtained from a person whom the defendant knew or had reason
 6 to know was mentally disabled.
 7 § 4. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
 8 procedure law, as amended by chapter 347 of the laws of 2014, is amended
 9 and a new paragraph (i) is added to read as follows:
 10 (h) A social worker, rape crisis counselor, psychologist or other
 11 professional providing emotional support to a child witness twelve years
 12 old or younger[, or a social worker or informal caregiver, as provided
 13 in subdivision two of section two hundred six of the elder law, for a
 14 vulnerable elderly person as provided in subdivision three of section
 15 260.31 of the penal law,] who is called to give evidence in a grand jury
 16 proceeding concerning a crime defined in article one hundred twenty-one,
 17 article one hundred thirty, article two hundred sixty, section 120.10,
 18 125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27
 19 of the penal law provided that the district attorney consents. Such
 20 support person