The Remarks Of Speaker Sheldon Silver

Unveiling Assembly Legislative Package To Protect & Assist The Elderly

St. Margaret's House, 49 Fulton Street (At Pearl St.) Manhattan
Friday, February 29, 2008 [1 P.M.]

{As Prepared For Delivery}

It is a sad and shameful fact that each year in this state, an estimated 300,000 senior citizens become the victims of abuse and exploitation.

Although government agencies and dedicated organizations, such as we have represented here, are doing their best to fight crime against the elderly, we believe that New York State can and should do more to protect and assist our senior citizens.

This afternoon, we are unveiling the Assembly Majority's comprehensive legislative agenda aimed at deterring violence against seniors and better protecting their rights and their assets, so that those seniors who are self-sufficient are not deprived of their independence.

Joining me in this announcement are my colleagues:

• Assembly Member Joe Lentol, the Chair of our Committee on Codes, and Assembly Member Helene Weinstein, the Chair of our Committee on the Judiciary; both of whom will be speaking about their bills.

We are also honored to be joined by our colleagues:

• Assembly Member Michael Benjamin of the Bronx;

• Assembly Member Micah Kellner of Manhattan;

• And Assembly Member Ken Zebrowski, who represents a portion of Rockland County.

Let me take a moment to acknowledge all of the advocates who are here at Saint Margaret House to stand in support of our legislation:

• The AARP;
• DC-37;
• the Elder Law Clinic of Saint John's University School of Law;
• Empire Justice Center;
• the Legal Aid Society - Civil Practice, Queens Neighborhood Office;
• MFY Legal Services;
• And the Neighborhood Economic Development Advocacy Project.

Speaking on behalf of the advocates will be Beth Finkle, the AARP's Manager of State Programs.

Over the past several months, the Assembly Majority has conducted several public hearings to examine the issue of elder abuse and exploitation under the auspices of the Committee on Judiciary, the Committee on Consumer Affairs and Protection, and the Committee on Aging.

What we learned from these public hearings prompted us to craft this seven-bill package of legislation to better protect our senior population.

The first bill in that package, a bill that I am sponsoring (A. 9818), dramatically increases the punishment for assaulting an elderly New Yorker.

As you may remember from the shocking video, a 101-year-old woman was attacked and robbed in the lobby of her Jamaica Estates apartment building by a 45-year-old male on March 4th of last year.

That heinous attack - and the subsequent assault on an 85-year-old woman by the same assailant just a half-an-hour later - exposed the deficiencies in how New York's penal law protects our elderly.

While the assailant in these two cases could face robbery charges, under current law, he would face only a misdemeanor charge for assaulting those elderly women. In other words, under current law, the penalties for physically attacking a 101-year-old woman are the same as if the victim was a 25-year-old football player.

Under the legislation that I have authored, if the victim is 65 years of age or older and the assailant is ten or more years younger than the victim, we raise the penalty from a Class "A" misdemeanor, (which carries a maximum sentence of one year in a local correctional facility) to a Class D violent felony, punishable by up to seven years in a state prison.

That is certainly a much more fitting penalty and hopefully, a real deterrent to those who are heartless enough to prey upon the elderly.

The full list of the bills in the Assembly Majority's legislative package are contained in your news releases.

Before I turn the proceedings over to my distinguished colleagues so that they can educate you on their legislation, let me briefly tick off the complete list of Assembly bills and sponsors.

Assembly Member Joe Lentol, our Codes Committee Chair is the sponsor of two bills:

• Assembly 9813, which addresses the scamming and defrauding;

• And Assembly 2114, which pertains to tenants and their security deposits.

Our Judiciary Committee Chair, Assembly Member Helene Weinstein, is also sponsoring two bills:

• Assembly 6241-A, which overhauls the state's power of attorney laws;

• And Assembly 8527, which addresses the seizure of public benefits, such as Social Security payments.

Assembly 866, sponsored by the Chair of our Committee on Governmental Operations, Assembly Member RoAnn Destito of Utica, gives those New Yorkers who are the targets of bias-related violence or intimidation - now including senior citizens - the right to a civil cause of action for damages or injunctive relief.

Assembly 9905, sponsored by the Chair of our Committee on Aging, Assembly Member Jeff Dinowitz of the Bronx, requires that materials be developed to better educate our State Police on identifying and addressing elder abuse.

Assembly 6204, sponsored by Assembly Member Steve Englebright of Setauket, will add an attorney who is experienced in elder law to the state's Crime Victims Board.

This is the essence of our "elder protection" legislative package.

What we're talking about here is a simple matter of dignity, justice and respect.

After lifetimes spent working jobs, raising their families, paying their taxes, serving their communities, and defending this nation, our senior citizens deserve all of the respect, all of the protection, all of the compassion, and all of the assistance this government can provide.

At the same time, those who take advantage of a senior's trust and those who prey upon the elderly and the frail, must be punished swiftly and severely.

So, this afternoon, we call upon the Governor and upon our colleagues in the Senate to support the Assembly Majority's legislative package, and to join us in sending a message of hope and respect to our wiser and more mature citizens.

Thank you.