S07712 Summary:

BILL NOS07712
 
SAME ASSAME AS A10064
 
SPONSORMAY
 
COSPNSR
 
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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S07712 Actions:

BILL NOS07712
 
02/10/2020REFERRED TO AGING
03/04/20201ST REPORT CAL.582
03/10/20202ND REPORT CAL.
03/11/2020ADVANCED TO THIRD READING
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S07712 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7712
 
                    IN SENATE
 
                                    February 10, 2020
                                       ___________
 
        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed 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 added by chap-
     8  ter 455 of the laws of 2016, is amended to read as follows:
     9    16.  to  the  extent appropriations are available, and in consultation
    10  with the office of children and family services, conduct a public educa-
    11  tion campaign that  emphasizes  zero-tolerance  for  elder  abuse.  Such
    12  campaign shall include information about the signs and symptoms of elder
    13  abuse,  identification  of  potential  causes  of elder abuse, resources
    14  available to assist in the prevention of elder  abuse,  where  suspected
    15  elder  abuse  can be reported, contact information for programs offering
    16  services to victims of elder abuse such as  counseling,  and  assistance
    17  with arranging personal care and shelter. Such campaign may include, but
    18  not  be  limited  to:  printed  educational and informational materials;
    19  audio, video, electronic, other media; and public service  announcements
    20  or  advertisements.  For  purposes  of this subdivision, the term "elder
    21  abuse" shall have the same meaning as the term "Elder abuse or exploita-
    22  tion" as set forth in paragraph (i) of subdivision one  of  section  two
    23  hundred nine of this title.
    24    §  3.  Subdivision  1  of  section  215 of the elder law is amended by
    25  adding a new paragraph (f) to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15090-01-0

        S. 7712                             2
 
     1    (f) "Elder abuse" shall have the same meaning as the term "Elder abuse
     2  or exploitation" as set forth in paragraph (i)  of  subdivision  one  of
     3  section two hundred nine of this title.
     4    §  4.  Subdivision  1  of  section  217 of the elder law is amended by
     5  adding a new paragraph (f) to read as follows:
     6    (f) "Elder abuse" shall have the same meaning as the term "Elder abuse
     7  or exploitation" as set forth in paragraph (i)  of  subdivision  one  of
     8  section two hundred nine of this title.
     9    §  5.  Section  214-c of the executive law, as added by chapter 184 of
    10  the laws of 2008, is amended to read as follows:
    11    § 214-c. Elder abuse awareness.  The  superintendent,  in  cooperation
    12  with the state office for the aging and the office of children and fami-
    13  ly services, shall, for all members of the division of state police: (1)
    14  develop, maintain and disseminate educational material relating to abuse
    15  of  adults,  including  physical  abuse,  sexual abuse, emotional abuse,
    16  active neglect, passive neglect, self neglect, and  financial  exploita-
    17  tion, as such terms are defined in section four hundred seventy-three of
    18  the  social  services  law,  and  identity  theft, and (2) establish and
    19  implement written procedures and policies in the event a member  of  the
    20  division  of state police encounters such abuse, including the provision
    21  of information and referral.
    22    § 6. Subdivision e of section 21-201 of the administrative code of the
    23  city of New York, as added by local law number 43 of  the  city  of  New
    24  York for the year 2008, is amended to read as follows:
    25    e. "Elder abuse" shall mean any knowing, intentional, or negligent act
    26  by  a caregiver or any other person holding a trusting relationship with
    27  a vulnerable older adult, which causes harm or a serious risk of harm to
    28  that older adult including physical,  emotional,  sexual,  or  financial
    29  harm,  or  harm  related  to  identity theft, or neglect, abandonment or
    30  confinement.
    31    § 7. This act shall take effect immediately.
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