New York S 474: Relates to vulnerable elderly persons

Bill Text

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S00474 Summary:

BILL NOS00474 

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SAME ASNo Same As

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SPONSORTEDISCO

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COSPNSR

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MLTSPNSR

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Amd §§260.31, 260.32, 260.34 & 70.02, add Part 4 Title Y-3 Art 497 §§497.00 & 497.05, Pen L; amd §200.50, CP
L

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Relates to vulnerable elderly or disabled persons; deletes references to caregiver to make any person who endangers the welfare of an elderly or disabled person guilty of provisions of the penal law.

Go to top S00474 Actions:

BILL NOS00474 

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01/08/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS00474 Committee&nbspVotes:

Go to topS00474 Floor&nbspVotes:

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

Go to topS00474 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 474

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

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

 AN ACT to amend the penal law and the criminal procedure law, in
 relation to crimes against vulnerable elderly or disabled persons

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

 1 Section 1. Section 260.31 of the penal law, as added by chapter 381 of
 2 the laws of 1998, subdivision 1 as amended, subdivision 4 as added and
 3 such section as renumbered by chapter 14 of the laws of 2010, and subdi-
 4 vision 2 as amended by chapter 193 of the laws of 2010, is amended to
 5 read as follows:
 6 § 260.31 Vulnerable elderly persons; definitions.
 7 For the purpose of sections 260.32 and 260.34 of this article, the
 8 following definitions shall apply:
 9 1. ["Caregiver" means a person who (i) assumes responsibility for the
 10 care of a vulnerable elderly person, or an incompetent or physically
 11 disabled person pursuant to a court order; or (ii) receives monetary or
 12 other valuable consideration for providing care for a vulnerable elderly
 13 person, or an incompetent or physically disabled person.
 14 2.] "Sexual contact" means any touching of the sexual or other inti-
 15 mate parts of a person for the purpose of gratifying sexual desire of
 16 either party. It includes the touching of the actor by the victim, as
 17 well as the touching of the victim by the actor, whether directly or
 18 through clothing, as well as the emission of ejaculate by the actor upon
 19 any part of the victim, clothed or unclothed.
 20 [3.] 2. "Vulnerable elderly person" means a person sixty years of age
 21 or older who is suffering from a disease or infirmity associated with
 22 advanced age and manifested by demonstrable physical, mental or
 23 emotional dysfunction to the extent that the person is incapable of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00890-01-5

 S. 474 2

 1 adequately providing for [his or her] their own health or personal care
 2 or a person seventy years of age or older.
 3 [4.] 3. "Incompetent or physically disabled person" means an individ-
 4 ual who is unable to care for [himself or herself] themself because of
 5 physical disability, mental disease or defect.
 6 § 2. The opening paragraph and subdivision 4 of section 260.32 of the
 7 penal law, as amended by chapter 14 of the laws of 2010, are amended to
 8 read as follows:
 9 A person is guilty of endangering the welfare of a vulnerable elderly
 10 person, or an incompetent or physically disabled person in the second
 11 degree when[, being a caregiver for a vulnerable elderly person, or an
 12 incompetent or physically disabled person]:
 13 4. [He or she] The person subjects such vulnerable elderly person, or
 14 an incompetent or physically disabled person to sexual contact without
 15 the latter's consent. Lack of consent under this subdivision results
 16 from forcible compulsion or incapacity to consent, as those terms are
 17 defined in article one hundred thirty of this [chapter] part, or any
 18 other circumstances in which the vulnerable elderly person, or an incom-
 19 petent or physically disabled person does not expressly or impliedly
 20 acquiesce [in the caregiver's conduct]. In any prosecution under this
 21 subdivision in which the victim's