ALBANY---In response to vicious attacks earlier this month on Rose Morat, a 101-year-old Queens woman who was mugged on her way to church, and 85-year-old Solange Elizee, who was mugged and beaten a half hour later by the same attacker, the state Senate has passed legislation to impose tougher penalties for physical attacks on senior citizens.

The bill has been sent to the Assembly.

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 had been a 25-year-old football player.

Following the attacks on 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, carrying 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 passed would make it a class D or class E violent felony to assault any senior over the age of 70. The bill would 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 4 years in prison. As violent felony offenses, these crimes carry determinate sentences and the perpetrators will not be eligible for parole. "The shocking nature of these crimes brings to focus the vulnerability of the elderly in our communities," said Jean Krokenberger, co-chair of the Rensselaer County TRIAD. TRIAD, a nationwide organization established by the National Sheriffs' Association, is comprised of local law enforcement, district attorneys, county agencies that provide senior services and community leaders who work together to stop crimes, sexual assault and abuse of the elderly. "Only one in fourteen cases of crimes against seniors - including rape, robbery and assault - is ever reported, giving offenders a sense that it's okay to beat and abuse our friends, neighbors and family members. This bill properly punishes criminals who prey on the elderly and shows our senior citizens that their safety and quality of life are our priorities." 3-28-07

© 2007 North Country Gazette