senate Bill S1455
(R, C, IP) 2nd Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Provides for payment of restitution for certain offenses committed where no other victim is seeking restitution and the municipality has expended funds for the purpose of rehabilitation or clean-up of the site of the offense; provides a definition of municipality for purposes of such restitution.
TITLE OF BILL:
to amend the penal law, in relation to payment of restitution to a
This bill would require defendants to pay restitution upon a
conviction of vandalism or arson upon a municipality.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends subdivision 10 of
§ 60.27 of the Penal Law by making restitution mandatory for a
defendant who commits any of the enumerated offenses against a
municipality. Municipality is defined as a state, county, city, town,
village, school district, library district, fire district, water or
sewer district or any other political subdivision within the
territorial limits of the State of New York.
Crimes against property are becoming more and more common place.
Myriad instances of vandalism fill the newspapers. When these crimes
are committed against public property, the taxpayer bears the
financial burden. This year alone, recent Long Island examples
include: two Plain-view men setting a high school dugout and school
flagpole on fire, the vandalism of more than 30 school buses in Dix
Hills at the cost of over $10,000, and racial epithets painted on the
doors of Islip High School. Current law allows for restitution at the
discretion of the sentencing court. This legislation would make
restitution mandatory whenever the victim of these specifically
enumerated crimes is a public entity. This strikes an appropriate
balance between the discretion of the current statute and the need to
protect taxpayer property.
2005-06: Passed Senate/Referred to Assembly Codes Cmte.
2007-08: Passed Senate/Assembly Codes Cmte.
2009-10: Senate Codes Cmte.
2011-12: Passed Senate/Assembly Codes
LOCAL FISCAL IMPLICATIONS:
This bill may have a positive fiscal impact because for every sentence
of restitution there is a surcharge for the local court.
This act shall take effect on the ninetieth day after it shall have
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