Opinion

Senate Health Committee Chairman Kemp Hannon announced legislation that will impose tougher penalties on those who physically assault senior citizens. The announcement follows the recent attack on Rose Morat, a 101-year-old Queens woman who was mugged on her way to church. The same attacker is also suspected of beating and mugging 85-year-old Solange Elizee just a half hour later.

While the assailant in these two cases could face robbery charges, under current law he would only face a misdemeanor charge for his physical attacks on the two elderly women. In addition, under current law, the penalties for the physical attack on the 101-year-old woman are the same penalties that would exist if the victim was a 25-year-old football player.

"Millions of New Yorkers have been outraged by this despicable and cowardly crime," Senator Hannon added. "A person capable of committing this type of crime is not simply a mugger; they are a dangerous menace to society who should be kept behind bars for as long as possible."

Following the attacks, which took place March 5, the Senate Majority Task Force on Critical Choices began to review the current laws governing physical attacks against the elderly. This review highlighted the fact that under existing law, these types of physical attacks on seniors are only class A misdemeanor offenses. A class A misdemeanor carries a potential penalty of up to one year in prison. In both of the muggings in Queens, the attacker could also face additional charges associated with the theft of property.

The legislation announced today would make it a class D or class E violent felony to assault any senior over the age of 70. The bill will also make it a class D or class E violent felony to assault someone age 60 or older who suffers from a disease or infirmity associated with advanced age. A class D violent felony conviction carries a potential penalty of up to 7 years in prison, while a class E felony conviction carries a potential penalty of up to four years in prison. As violent felony offenses, these crimes carry determinate sentences and the perpetrators will not be eligible for parole.

"Senior citizens make up an extremely large portion of those accessing the healthcare system. Intentionally injuring those who are already at-risk for illness or may need hospital care should be severely punished," Hannon added.


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