Bill Text: NY A07987 | 2023-2024 | General Assembly | Introduced

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Bill Title: Allows for the conditional examination of victims who are at least 75 years of age; amends the definition of larceny to ensure that alleged consent by a victim who is mentally disabled is a not a defense to larceny; permits a caregiver to accompany a vulnerable victim into the grand jury.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A07987 Detail]

Download: New_York-2023-A07987-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7987

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     August 18, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Codes

        AN  ACT  to amend the criminal procedure law, in relation to conditional
          examination of seniors before trial and a  senior's  participation  in
          grand  jury  proceedings;  and  to amend the penal law, in relation to
          defenses to larceny when the victim is mentally disabled

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

     1    Section  1.  Subdivision 2 of section 660.20 of the criminal procedure
     2  law is amended to read as follows:
     3    2. Will not be amenable or responsive to legal process or available as
     4  a witness at a time when his or her testimony will be  sought,  [either]
     5  because he or she is:
     6    (a)   About to leave the state and not return for a substantial period
     7  of time; [or]
     8    (b)  Physically ill or incapacited[.]; or
     9    (c) Of an advanced age, which for the purposes of this section,  shall
    10  mean seventy-five years of age or older.
    11    § 2. Section 155.00 of the penal law is amended by adding a new subdi-
    12  vision 10 to read as follows:
    13    10.  "Mentally  disabled"  means  that  a person suffers from a mental
    14  disease, defect or condition which  renders  him  or  her  incapable  of
    15  appraising  the nature of the conduct constituting the taking, obtaining
    16  or withholding of his or her property.
    17    § 3. Section 155.10 of the penal law is amended to read as follows:
    18  § 155.10 Larceny; no defense.
    19    1. The crimes of (a) larceny committed by means of  extortion  and  an
    20  attempt  to commit the same, and (b) bribe receiving by a labor official
    21  as defined in section 180.20, and bribe receiving as defined in  section
    22  200.05,  are  not  mutually  exclusive, and it is no defense to a prose-
    23  cution for larceny committed by means of extortion or for an attempt  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03737-01-3
        A. 7987                             2

     1  commit  the same that, by reason of the same conduct, the defendant also
     2  committed one of such specified crimes of bribe receiving.
     3    2.  It  is  no defense to a prosecution for larceny that the defendant
     4  obtained consent to take,  withhold,  or  obtain  property,  where  such
     5  consent was obtained from a person whom the defendant knew or had reason
     6  to know was mentally disabled.
     7    §  4. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
     8  procedure law, as amended by chapter 347 of the laws of 2014, is amended
     9  and a new paragraph (i) is added to read as follows:
    10    (h) A social worker, rape  crisis  counselor,  psychologist  or  other
    11  professional providing emotional support to a child witness twelve years
    12  old  or  younger[, or a social worker or informal caregiver, as provided
    13  in subdivision two of section two hundred six of the elder  law,  for  a
    14  vulnerable  elderly  person  as provided in subdivision three of section
    15  260.31 of the penal law,] who is called to give evidence in a grand jury
    16  proceeding concerning a crime defined in article one hundred twenty-one,
    17  article one hundred thirty, article two hundred sixty,  section  120.10,
    18  125.10, 125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27
    19  of  the  penal  law  provided  that the district attorney consents. Such
    20  support person shall not provide the witness with an answer to any ques-
    21  tion or otherwise participate in such proceeding and shall first take an
    22  oath before the grand jury that he or she will keep secret  all  matters
    23  before such grand jury within his or her knowledge.
    24    (i)  A  social worker or informal caregiver, as defined in subdivision
    25  two of section two hundred six of the elder law, for a vulnerable elder-
    26  ly person as defined in subdivision three of section 260.31 of the penal
    27  law, as added by chapter three hundred eighty-one of the laws  of  nine-
    28  teen  hundred  ninety-eight,  who  is called to give evidence in a grand
    29  jury proceeding,   concerning any type of  offense,  provided  that  the
    30  district  attorney  consents.  Such support person shall not provide the
    31  witness with an answer to any question or otherwise participate in  such
    32  proceeding and shall first take an oath before the grand jury that he or
    33  she  will  keep  secret all matters before such grand jury within his or
    34  her knowledge.
    35    § 5. This act shall take effect immediately.