A05249 Summary:

BILL NOA05249
 
SAME ASSAME AS S02150
 
SPONSORBarrett
 
COSPNSRSantabarbara, McDonough
 
MLTSPNSR
 
Amd §§120.30 & 125.15, Pen L
 
Provides that a person may be charged with promoting a suicide or manslaughter if he or she is convicted of endangering the welfare of a vulnerable elderly person, an incompetent or physically disabled person and the conduct was the proximate cause of the victim's suicide.
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A05249 Actions:

BILL NOA05249
 
02/12/2021referred to codes
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A05249 Committee Votes:

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A05249 Floor Votes:

There are no votes for this bill in this legislative session.
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A05249 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5249
 
SPONSOR: Barrett
  TITLE OF BILL: An act to amend the penal law, in relation to penal- ties for promotion of a suicide attempt   PURPOSE OF THE BILL: To increase penalties for endangering the welfare of an incompetent or physically disabled person or a vulnerable elderly person when it significantly contributes to a victim's suicide attempt.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this bill amends section 120.30 of the Penal Law to add certain violations related to endangering the welfare of an incompetent or physically disabled person or a vulnerable elderly person to the definition of promoting a suicide attempt when such conduct significant- ly contributes to the victim's suicide attempt. This charge is a class E felony. Section 2 of the bill amends section 125.15 of the Penal Law to add the same provisions above to the definition of manslaughter in the second degree which is a class C felony. Section 3 sets forth the effective date.   JUSTIFICATION: Bailey Bates, a 19-year-old autistic man from Poughkeepsie, New York, tragically committed suicide in July 2017 after falling victim to a financial scam. According to reports, a young woman whom he had known for years befriended him shortly before the scheme and asked him for help cashing a check, which ultimately resulted in the young woman and her accomplice stealing money from an account holding his disability assistance. When Bailey's family learned of the illegitimate transaction they contacted law enforcement who began an investigation. Bailey's family has indicated that he was extremely distraught over this betrayal of his trust and they believe - along with local law enforcement - that he did not understand what was happening or that he was a victim in this case. Tragically, a week after this crime, he took his own life. Based on a note that he left, it was clear he believed he had done something wrong. Given the facts of this case, the accused stand only to be charged with minimal counts of endangerment and grand larceny despite reported crimi- nal histories and acute knowledge that Bailey was a vulnerable victim. While no law can bring Bailey back, it is important that people are held accountable for the outcome of their actions, particularly in cases where they prey on the most vulnerable. Hopefully, this legislation will make other potential scam artists think twice about the permanent damage they can cause not only their victim, but the many friends and loved ones of those they victimize.   LEGISLATIVE HISTORY: 2019-2020: A.6509/S.1294; 2017-2018: A.10874.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A05249 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5249
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2021
                                       ___________
 
        Introduced by M. of A. BARRETT, SANTABARBARA, McDONOUGH -- read once and
          referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to penalties for promotion of
          a suicide attempt
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 120.30 of the penal  law  is  amended  to  read  as
     2  follows:
     3  § 120.30 Promoting a suicide attempt.
     4    A person is guilty of promoting a suicide attempt when:
     5    (a)  he  or she intentionally causes or aids another person to attempt
     6  suicide; or
     7    (b) he or she endangers the welfare of an  incompetent,  a  vulnerable
     8  elderly  person  or a physically disabled person as set forth in section
     9  260.25, 260.32 or 260.34 of this chapter and such conduct  significantly
    10  contributed to the victim's suicide attempt.
    11    Promoting a suicide attempt is a class E felony.
    12    § 2. Section 125.15 of the penal law is amended to read as follows:
    13  § 125.15 Manslaughter in the second degree.
    14    A person is guilty of manslaughter in the second degree when:
    15    1. He or she recklessly causes the death of another person; or
    16    [3.]  2.  He  or  she  intentionally  causes or aids another person to
    17  commit suicide;
    18    3. He or she endangers the welfare of  an  incompetent,  a  vulnerable
    19  elderly  person, or a physically disabled person as set forth in section
    20  260.25, 260.32 or 260.34 of this chapter and such conduct  significantly
    21  contributed to the victim's suicide.
    22    Manslaughter in the second degree is a class C felony.
    23    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07298-01-1
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A05249 LFIN:

 NO LFIN
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A05249 Chamber Video/Transcript:

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