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A01994 Summary:

BILL NOA01994
 
SAME ASSAME AS S01560
 
SPONSORCruz
 
COSPNSRBarron, Otis, Rajkumar, Clark, McDonald, Meeks, Smith
 
MLTSPNSR
 
Amd 209, 202, 215, 217 & 214-c, Eld L; amd 21-201, NYC Ad Cd
 
Incorporates identity theft into the definition of elder abuse for purposes of support services and programs for elder persons.
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A01994 Actions:

BILL NOA01994
 
01/14/2021referred to aging
02/23/2021reported
02/25/2021advanced to third reading cal.124
03/08/2021substituted by s1560
 S01560 AMEND= MAY
 01/13/2021REFERRED TO AGING
 01/26/20211ST REPORT CAL.191
 02/01/20212ND REPORT CAL.
 02/02/2021ADVANCED TO THIRD READING
 03/04/2021PASSED SENATE
 03/04/2021DELIVERED TO ASSEMBLY
 03/04/2021referred to aging
 03/08/2021substituted for a1994
 03/08/2021ordered to third reading cal.124
 03/08/2021passed assembly
 03/08/2021returned to senate
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A01994 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1994
 
SPONSOR: Cruz
  TITLE OF BILL: An act to amend the elder law, the executive law and the administrative code of the city of New York, in relation to incorporating identity theft into the definition of elder abuse for purposes of support services and programs for elder persons   PURPOSE OF BILL: The purpose of this bill is to protect seniors from fraudulent use of personal information by authorizing support services on identity theft through non-profit agencies and the state police.   SUMMARY OF SPECIFIC PROVISIONS: The bill adds a definition of "elder abuse and exploitation" to subdivi- sion 1 of section 209 of the elder law and incorporates identity theft in the list of eligible support services through the naturally occurring retirement communities (NORCS) programs. The bill amends section 214-c of the executive law to provide that iden- tity theft shall be one of the many forms of elder abuse that the Office of the Aging and the state police address in their educational materials for police officers' use when encountering such abuse. The bill amends subdivision e of section 21-201 of the administrative code of the city of New York to add identity theft to the definition of elder abuse.   JUSTIFICATION: The unlawful use of an individual's personal identifi- cation information such as social security number, driver's license information, or bank and credit card account can result in terrible consequences lasting years. In its worst form it can leave the older victim bankrupt and without assets in their retirement. The Federal Trade Commission (FTC) estimates that as many as 9 million American adults have their identities stolen each year. The crime takes many forms and may go undetected for long periods; it often is not discovered until a review of a credit card statement or receipt of notice for charges not made-or worse, until the person is contacted by a debt collector. (Source: Federal Trade Commission, NYS Attorney General's Office). While older adults are not the exclusive targets of identity theft, they can be especially susceptible to victimization as they often need to share their personal information with caregivers, medical providers' offices, government agencies, and over the internet. The impact of iden- tity theft can be devastating for older adult victims who are unable to restore stolen funds through employment. A recent study by the Office of Children and Family Services found that the cost of financial exploita- tion of adults in New York is over $1 billion dollars yet state law does not currently include identity theft in the definition of "elder abuse". With this legislation our aging support services groups and our law enforcement teams will be able to use available resources to help seniors, the fastest growing sector of our population, from identity theft in its many forms.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A01994 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1994
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Aging
 
        AN ACT to amend the elder law, the executive law and the  administrative
          code  of  the  city of New York, in relation to incorporating identity
          theft into the definition of  elder  abuse  for  purposes  of  support
          services and programs for elder persons

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 209 of the elder law is amended by
     2  adding a new paragraph (i) to read as follows:
     3    (i) "Elder abuse or exploitation" shall mean  any  knowing  or  inten-
     4  tional act by a person which causes harm or a serious risk of harm to an
     5  older adult including physical, emotional, sexual, or financial harm, or
     6  harm related to identity theft, or neglect, abandonment or confinement.
     7    §  2.  Subdivision  16  of section 202 of the elder law, as amended by
     8  section 1 of subpart J of part XX of chapter 55 of the laws of 2020,  is
     9  amended to read as follows:
    10    16.  to  the  extent appropriations are available, and in consultation
    11  with the office of children and family services, conduct a public educa-
    12  tion campaign that  emphasizes  zero-tolerance  for  elder  abuse.  Such
    13  campaign shall include information about the signs and symptoms of elder
    14  abuse,  identification  of  potential  causes  of elder abuse, resources
    15  available to assist in the prevention of elder  abuse,  where  suspected
    16  elder  abuse  can be reported, contact information for programs offering
    17  services to victims of elder abuse such as  counseling,  and  assistance
    18  with arranging personal care and shelter. Such campaign may include, but
    19  not  be  limited  to:  printed  educational and informational materials;
    20  audio, video, electronic, other media; and public service  announcements
    21  or  advertisements[;  and].  For  purposes of this subdivision, the term
    22  "elder abuse" shall have the same meaning as the term  "elder  abuse  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04758-01-1

        A. 1994                             2
 
     1  exploitation"  as  set  forth  in  paragraph  (i)  of subdivision one of
     2  section two hundred nine of this title; and
     3    §  3.  Subdivision  1  of  section  215 of the elder law is amended by
     4  adding a new paragraph (f) to read as follows:
     5    (f) "Elder abuse" shall have the same meaning as the term "elder abuse
     6  or exploitation" as set forth in paragraph (i)  of  subdivision  one  of
     7  section two hundred nine of this title.
     8    §  4.  Subdivision  1  of  section  217 of the elder law is amended by
     9  adding a new paragraph (f) to read as follows:
    10    (f) "Elder abuse" shall have the same meaning as the term "elder abuse
    11  or exploitation" as set forth in paragraph (i)  of  subdivision  one  of
    12  section two hundred nine of this title.
    13    §  5.  Section  214-c of the executive law, as added by chapter 184 of
    14  the laws of 2008, is amended to read as follows:
    15    § 214-c. Elder abuse awareness.  The  superintendent,  in  cooperation
    16  with the state office for the aging and the office of children and fami-
    17  ly services, shall, for all members of the division of state police: (1)
    18  develop, maintain and disseminate educational material relating to abuse
    19  of  adults,  including  physical  abuse,  sexual abuse, emotional abuse,
    20  active neglect, passive neglect, self neglect, and  financial  exploita-
    21  tion, as such terms are defined in section four hundred seventy-three of
    22  the  social  services  law,  and  identity  theft, and (2) establish and
    23  implement written procedures and policies in the event a member  of  the
    24  division  of state police encounters such abuse, including the provision
    25  of information and referral.
    26    § 6. Subdivision e of section 21-201 of the administrative code of the
    27  city of New York, as added by local law number 43 of  the  city  of  New
    28  York for the year 2008, is amended to read as follows:
    29    e. "Elder abuse" shall mean any knowing, intentional, or negligent act
    30  by  a caregiver or any other person holding a trusting relationship with
    31  a vulnerable older adult, which causes harm or a serious risk of harm to
    32  that older adult including physical,  emotional,  sexual,  or  financial
    33  harm,  or  harm  related  to  identity theft, or neglect, abandonment or
    34  confinement.
    35    § 7. This act shall take effect immediately.
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