senate Bill S1455

Provides for payment of restitution for certain offenses committed where no other victim is seeking restitution and the municipality has expended funds

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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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Mar / 2013
    • 1ST REPORT CAL.191
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 20 / Mar / 2013
    • PASSED SENATE
  • 20 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 13 / May / 2014
    • 1ST REPORT CAL.748
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • PASSED SENATE
  • 02 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 02 / Jun / 2014
    • REFERRED TO CODES

Summary

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.

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Bill Details

Versions:
S1455
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4396
2009-2010: S3920

Sponsor Memo

BILL NUMBER:S1455

TITLE OF BILL:
An act
to amend the penal law, in relation to payment of restitution to a
municipality

PURPOSE:

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.

JUSTIFICATION:

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.

LEGISLATIVE HISTORY:

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

FISCAL IMPLICATIONS:

None.

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.

EFFECTIVE DATE:


This act shall take effect on the ninetieth day after it shall have
become law.

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

                                  1455

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. FLANAGAN, DeFRANCISCO, LARKIN, MAZIARZ -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to payment of restitution to
  a municipality

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

  Section  1. Subdivision 10 of section 60.27 of the penal law, as added
by chapter 310 of the laws of 1996, is amended to read as follows:
  10. If the offense of which  a  person  is  convicted  is  defined  in
section  [150.10,  150.15  or  150.20]  145.00,  145.05, 145.10, 145.12,
145.30, 145.60 OR ARTICLE ONE HUNDRED FIFTY  of  this  chapter,  and  no
other  victim  who  is  a person is seeking restitution in the case, the
term "victim" as used in this section, in addition to its ordinary mean-
ing, shall mean any municipality which has expended funds or will expend
funds for the purpose of restoration, rehabilitation or clean-up of  the
site  of  the  [arson]  OFFENSE.   WHERE THE VICTIM IS A MUNICIPALITY AS
DEFINED IN THIS SECTION, THE COURT SHALL DIRECT  THE  DEFENDANT  TO  PAY
RESTITUTION.    Any restitution which [may] SHALL be required to be made
to a municipality pursuant to this  section  shall  be  limited  to  the
amount of funds reasonably expended or to be expended for the purpose of
restoration,  rehabilitation  or  clean-up  of  the  site of the [arson]
OFFENSE, less the amount of any funds which have been or will be  recov-
ered from any other source, and shall not include a designated surcharge
pursuant  to  subdivision eight of this section. Any municipality [seek-
ing] RECEIVING restitution pursuant to this section shall file with  the
court,  district  attorney and defense counsel an affidavit stating that
the funds reasonably expended or to be expended for which restitution is
being sought have not been and will not  be  recovered  from  any  other
source  or  in  any other civil or criminal proceeding.  FOR PURPOSES OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05655-01-3

S. 1455                             2

THIS SECTION, THE TERM "MUNICIPALITY" SHALL MEAN A STATE, COUNTY,  CITY,
TOWN,  VILLAGE,  SCHOOL DISTRICT, LIBRARY DISTRICT, FIRE DISTRICT, WATER
OR SEWER DISTRICT OR ANY OTHER POLITICAL SUBDIVISION WITHIN THE TERRITO-
RIAL LIMITS OF THE STATE OF NEW YORK.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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