Res. No. 392
Resolution calling on the New York State Legislature and the Governor to amend the New York State Penal and Criminal Procedure Laws to increase penalties for physical assaults on the elderly and disabled.
By Council Members Van Bramer, Gibson, Chin, Vallone, Barron, Espinal, Gentile, Mendez, Richards, Koslowitz, Rodriguez and Ulrich
Whereas, The elderly and disabled are among the most vulnerable members of our
society and deserve special protection; and
Whereas, On April 24, 2014, a husband and wife in their 80s were viciously assaulted during a robbery in their home in Bayside, Queens; and
Whereas, The alleged assailants entered the victims’ home under the pretext they were going to work on the house; and
Whereas, The victims suffered head trauma and facial injuries as a result of the attack; and
Whereas, Elderly people and those who are frail or disabled or perceived to be frail or disabled are more likely to be targeted by criminals because they are thought to be less able or likely to defend themselves or to report an assault; and
Whereas, People who assault the elderly or disabled should face harsher criminal penalties; and
Whereas, Under current New York State Law, assaults on elderly and disabled people are treated as Class A misdemeanors, with a maximum penalty of one year in prison; and
Whereas, A.6150, introduced by Assembly Member James Tedisco and currently pending in the New York State Assembly, would make an assault, depending on the severity of the attack, on a person over seventy years of age or with a disability, either a Class E felony, punishable by up to four years in prison, or a Class D violent felony, punishable by up to seven years in prison; and
Whereas, Enactment of this law would evince society’s desire to protect its most vulnerable citizens; and
Whereas, The New York State Assembly should pass A.6150, the New York State Senate should introduce and pass a companion bill, which the Governor should sign into law: and
Whereas, Enactment of this law would send a message that violence against the elderly and disabled is particularly egregious, unacceptable and will not be tolerated; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Legislature and the Governor to amend the New York State Penal and Criminal Procedure Laws to increase penalties for physical assaults on the elderly and disabled.
SA
LS #1183
5/27/14