Creates crime of victimization of a senior citizen or a person with a disability.
Impact
The bill modifies existing legal frameworks by introducing enhanced penalties for crimes against senior citizens and persons with disabilities. Victimization would be classified as a crime one degree above the underlying offense, which may lead to significantly longer prison sentences, especially in cases where the underlying crime is serious. For example, offenders convicted of first-degree crimes could face sentences ranging from 20 years to life imprisonment, reinforcing the state's commitment to protecting its vulnerable populations.
Summary
Assembly Bill A2628 proposes the establishment of a new crime termed 'victimization' specifically targeting senior citizens and persons with disabilities. Under this proposed legislation, an individual would be guilty of this offense if they commit any crime against a senior citizen (defined as a person aged 62 or over) or a person with a disability, which is characterized by a substantial incapacity to exercise normal physical or mental powers. This bill seeks to enhance legal protections for these vulnerable groups by implementing stricter penalties for crimes committed against them.
Contention
While the bill is largely supported by advocates for senior citizens and individuals with disabilities, there are potential concerns regarding its implications for law enforcement and judicial processes. Critics may argue about the strain this could place on an already burdened legal system, as each instance of victimization must be charged separately rather than merging with related offenses. Furthermore, the specifics of how these laws would be enforced in practice and the definitions provided for 'victimization' might lead to challenges in consistent application across cases.
Creates specific crime of selling counterfeit gold, silver, or other precious metals; imposes mandatory term of imprisonment if victim is senior citizen.