Penalties for attacks on Seniors toughened by NY Senate

Following through on their promise to toughen the laws for those convicted of attacking senior citizens, the New York state senate in Albany last week passed a bill increasing the penalties for assaulting seniors.

However, to become a law, the legislation must also be passed by the Assembly and signed by Governor Eliot Spitzer.

While Spitzer has already indicated he would sign such a bill, Assembly Speaker Sheldon Silver, has some reservations about passing the senate's bill, which Silver says will not achieve its stated goal.

This means the senate and Assembly will have to try to negotiate a bill satisfactory to both houses ensuring that those who beat up seniors will face tougher sentences and more time in jail.

The senate effort to impose stronger sentences for assaults on people over 60 years of age was in response to the beatings of Rose Morat, a 101-year-old Jamaica Estates resident, and Solange Elizee, 85, of Jamaica on March 4. Police believe the same person committed both crimes. The suspect is still being sought.

Under current law, if the suspect is caught and found guilty of the assaults, they will be guilty of only a misdemeanor and face about a year in jail for each crime.

Under the bill passed by the state senate, assaults on persons over the age of 70 would be considered a violent felony (class D or E) and anyone convicted of such a crime would be subject to a 7-year jail term with no possibility of parole.

The senate bill also makes assaulting someone 60 or older who suffers from a disease or infirmity associated with advanced age a class D or E felony.

Queens' two local senators, Frank Padavan (R- C, Bellerose) and Serphin Maltese (R- C, Middle Village) co-sponsored and voted for the bill that passed.

Padavan stated, "It sickens me that anyone would want to assault someone who physically can't fight back." Maltese stated: "When a 101- year-old woman gets mugged and assaulted it's an outrageous and potentially life-threatening crime that clearly calls out for more severe penalties."