senate Bill S4305A

Relates to the payment of restitution or reparation in certain instances

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Mar / 2011
    • REFERRED TO CODES
  • 17 / May / 2011
    • 1ST REPORT CAL.724
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO CODES
  • 05 / Jan / 2012
    • PRINT NUMBER 4305A
  • 20 / Mar / 2012
    • 1ST REPORT CAL.421
  • 21 / Mar / 2012
    • 2ND REPORT CAL.
  • 22 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 26 / Mar / 2012
    • PASSED SENATE
  • 26 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 26 / Mar / 2012
    • REFERRED TO CODES

Summary

Includes, for the purpose of payment of restitution or reparation, within the definition of the term "victim" any person or entity which provides assistance for the prevention or mitigation of damage to person or property caused by an offense.

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Bill Details

See Assembly Version of this Bill:
A6126A
Versions:
S4305
S4305A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง60.27, Pen L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2503, A2942
2007-2008: A768

Sponsor Memo

BILL NUMBER:S4305A

TITLE OF BILL:
An act
to amend the penal law, in relation to the payment of reparation or
restitution in certain instances

PURPOSE:
To include certain persons and entities within the term "victim" to
enable a sentencing court to order restitution or reparation.

SUMMARY OF PROVISIONS:
Amends Penal Law S60.27(4)(b) to enlarge the scope of the term
"victim" used in that section. Under the terms of the amendment, a
sentencing court could order a convicted defendant to make reparation
of actual out-of-pocket losses sustained by any person, private
company, or public agency or department which took action to prevent,
mitigate, or remedy damages to persons or property caused by the
offense.

JUSTIFICATION:
Restitution and reparation to individual crime victims should be a
primary concern in our criminal justice system. Public and private
agencies which respond to crime-related incidents, provide
assistance, and prevent further damage should not be statutorily
ineligible to be reimbursed for certain costs as ordered by a
sentencing court. Such a situation recently arose in Central New York
where a volunteer fire department used several hundred dollars worth
of chemicals to extinguish a fire set by arson. The court was
precluded from ordering the defendant to reimburse the fire
department for this cost under the existing statute. The law should
not be so limited that a court is prohibited from ordering reparation
in such situations.

LEGISLATIVE HISTORY:
2009-2010: A.2942, 2007-2008: A.768, 2005-2006: A.274, 2003-2004:
A.2014, 2001-2002: A.323

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
Immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4305--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced by Sens. DeFRANCISCO, GRIFFO, JOHNSON, RANZENHOFER, SEWARD --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Codes -- recommitted to the  Committee  on  Codes  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the penal law, in relation to the payment of reparation
  or restitution in certain instances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (b)  of  subdivision 4 of section 60.27 of the
penal law, as amended by chapter 313 of the laws of 2011, is amended  to
read as follows:
  (b)  the  term  "victim"  shall include the victim of the offense, the
representative of a crime  victim  as  defined  in  subdivision  six  of
section six hundred twenty-one of the executive law, an individual whose
identity  was assumed or whose personal identifying information was used
in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
person who has suffered a financial loss as a direct result of the  acts
of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
190.83  of  this  chapter,  a  good  samaritan as defined in section six
hundred twenty-one of the executive law,  ANY  PERSON  OR  ENTITY  WHICH
PROVIDES ASSISTANCE FOR THE PREVENTION OR MITIGATION OF DAMAGE TO PERSON
OR  PROPERTY  CAUSED  BY AN OFFENSE and the office of victim services or
other governmental agency that has received an application  for  or  has
provided  financial  assistance or compensation to the victim.  A victim
shall also mean any owner or lawful producer of a master recording, or a
trade association that represents such owner or  lawful  producer,  that
has  suffered injury as a result of an offense as defined in article two
hundred seventy-five of this chapter.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04107-02-2

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