Res 0226-2018

By Council Member Van Bramer 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, S4040, introduced by Senator Member James Tedisco and currently pending in the New York State Senate, 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 Senate should pass S4040, the New York State Assembly 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. LS #1183/Res. No. 392-2014 LS#543 SA/CMA 12/15/17