LEGISLATIVE REVIEW
COMMITTEE
UPDATE
J. David Eldridge, Esq.
Matthew E.
Pachman, Esq.
The Bar's Legislative Review Committee is dedicated to providing you with
the insight and information you need to stay abreast of current and proposed
legislation affecting you, your clients, and your practice. This month's column is devoted to
pending and proposed legislation in the field of ELDER LAW. Currently, there is a wealth of proposed
bills promulgated to protect and enforce the rights and interests of our senior
citizens, who, because of age, infirmity, or financial issues, are often unable
to adequately address their medical, financial, and personal needs. Moreover, they are frequently the target
of criminals who prey on their fears, ignorance, or trust, taking advantage of
them through various scams and violent crimes. Here are some of
A01007
Establishes a special fund
to be known as the defense of the elderly fund to be made available to the
division of criminal justice services for the creation of public information and
promotional materials in support of state and local, and public and private
initiatives that enhance law enforcement and crime prevention services that
respond to the needs and concerns of the elderly.
Status: Referred to
Aging
A01746
An act to amend Section
837-n of the executive law in relation to authorizing criminal history checks
for caregivers of elderly persons. This legislation expands the registration
system created through "Kieran`s Law" (A.5699 of 1998)
to include those persons who care for the elderly. This registration system is provided
under the Dept. of Social Services with criminal background checks provided
through the Division of Criminal Justice Services. Applicants will submit this basic
information and will be fingerprinted in order to register as a caregiver in
Status: Referred to
governmental operations
A01967
An act to amend the
executive law, in relation to reports by the office for the aging regarding
assistance to families for caring for elderly dependents and to amend the tax
law, in relation to providing an additional personal income tax exemption for
resident individuals in certain cases.
This Bill provides a tax credit to individuals caring for elderly
dependents over the age of 62 who reside with such individuals and who are
entitled to an exemption for federal income tax purposes and requires the office
for the aging to report to the governor and the legislature regarding the
effects of such tax credit, its use or non-use and the extent to which such
credit aids families.
Status: Referred to
aging
A02356
An act to amend the social
services law in relation to protection of the elderly against financial
exploitation. This legislation would
require various persons to report financial exploitation of the elderly in
violation of the penal law and provide for a cause of action for failure to do
so.
Status: Referred to
Aging
A02428
An act to amend the criminal
procedure law, in relation to permitting a social worker or other professional
to provide emotional support to a vulnerable elderly person testifying in
certain grand jury proceedings. This bill would permit a
vulnerable elderly person to be accompanied by a professional support person
whenever that elder is called before a grand jury to give evidence, provided the
district attorney consents.
Status: Referred to Codes
A02385
An act to amend the penal
law in relation to mandatory imprisonment for burglary committed against the
elderly to deter, through the use of mandatory imprisonment, the crime of
burglary against the elderly. Mandates incarceration if burglary in the third
degree is committed in a dwelling owned, possessed or
occupied by an elderly person. Defines "elderly person" as one sixty years of
age or older.
Status: Referred to
Codes
A03531
An act to amend the real
property tax law in relation to the exclusion of health care expenses in
determining income eligibility for certain real property tax
exemptions. Exempts
from income, for purposes of Section 467 of the Real Property Tax Law, all money
spent by the elderly for health care. Provides that the
money used to pay for all health care expenses by the owners of real property be
excluded when determining their income for the purpose of receiving a fifty
percent reduction in their property tax. This would include expenses for nursing
homes, nursing services, hospitals, doctors fees and other services and supplies
necessary to maintain or correct one`s health. It would also include money spent on
health insurance. The present law
excludes from senior citizens` income, the return of capital, gifts or
inheritances. This bill would also
exclude all money spent for health care by elderly home
owners.
Status: Referred to Real Property Taxation
A04639
An act to amend the social services law, in relation to elderly abuse protective services and making an appropriation therefor. Establishes a statewide system for and mandates the reporting of any abuse, neglect, exploitation, or abandonment of an elderly person. Requires an investigation by an appropriate department and, if warranted, the forwarding of such investigative findings to the local district attorney for criminal prosecution. A person responsible for the care of an elderly person or an elderly person`s property may have a reasonable basis for believing that such elderly person is or has been abused, neglected, exploited or abandoned yet fails to report such abuse because they are under no duty to do so. As a result, the elderly person, who may be unable to help him or herself or are unaware that they have been or are being abused, neglected, exploited or abandoned, or that protective services are available and that they need not continue to suffer. This legislation will ensure that there is a mechanism for reporting abuse and providing the necessary protective services as well as ending the abusive relationship.
Status: Referred to Aging
A05693
An act to amend the penal
law and the criminal procedure law in relation to mandatory imprisonment and
plea restrictions for offenses victimizing the elderly and physically
disabled. The bill provides that those who commit
serious crimes against elderly persons 62 years of age or more or the physically
disabled must be sentenced to prison and face reduced opportunities for plea
bargaining. Juveniles who commit
such crimes would be sent by court order to secure juvenile facilities for
specific minimum periods of restricted placement. Specifically, the bill focuses on those
crimes against the elderly and disabled which involve the use of force, fear,
coercion, or violence. A new
Article 230 is added to the Penal Law establishing the crime of victimizing the
elderly in 4 separate degrees: class A, B, C, and D felonies. The new established crimes set forth B,
C and D felonies respectively, and add the aggravating element that the crime
was committed against a person 62 years old or physically disabled. A prison sentence is mandated for those
who are convicted of such crimes in accordance with the provisions of new
section 70.09. Under this section, offenders against the elderly would receive
lengthier minimum periods of imprisonment than the ordinary offender who
receives a prison sentence but less than the second felony offender. Penalties for offenses against the
elderly are specifically required for the following crimes: menacing, unlawful
imprisonment, and grand larceny.
Plea bargaining, already restricted for class A and B felonies, is
further restricted for those accused of the class C felony of victimizing the
elderly in the second degree.
Finally, juveniles who are found to have committed the crime of
victimizing the elderly in the first or second degree,
would be subject to mandatory court placement in secure DFY facilities.
Status: Referred to
Codes
A06407
An act to amend the penal
law in relation to establishing the crime of criminal neglect of a vulnerable
elderly person or a person with a disability. This bill would add a new article 261 to
the Penal Law entitled "Criminal neglect of a vulnerable elderly person or a
person with a disability." It would
be a class "A" misdemeanor for any caregiver to knowingly act, (or fail to act),
in a manner likely to threaten the life of, endanger or injure the health of, or
cause a deterioration of a previously existing physical or mental condition of,
a vulnerable elderly person or a person with a disability. The term "Caregiver" is broadly defined.
The bill would also criminalize (an "A" misdemeanor) the abandonment of such
person, a growing practice in our society frequently referred to as
"Granny-dumping". Neither of these
areas are presently addressed by penal statutes in
Status: Referred to
Codes