senate Bill S337

Signed by Governor Amended

Provides for the payment of restitution to volunteer fire companies in certain instances

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 28 / Feb / 2013
    • 1ST REPORT CAL.118
  • 04 / Mar / 2013
    • 2ND REPORT CAL.
  • 05 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 20 / May / 2013
    • PASSED SENATE
  • 20 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / May / 2013
    • REFERRED TO CODES
  • 30 / May / 2013
    • RECALLED FROM ASSEMBLY
  • 30 / May / 2013
    • RETURNED TO SENATE
  • 30 / May / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 30 / May / 2013
    • AMENDED ON THIRD READING (T) 337A
  • 10 / Jun / 2013
    • REPASSED SENATE
  • 10 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 10 / Jun / 2013
    • REFERRED TO CODES
  • 10 / Jun / 2013
    • SUBSTITUTED FOR A392A
  • 10 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.67
  • 10 / Jun / 2013
    • PASSED ASSEMBLY
  • 10 / Jun / 2013
    • RETURNED TO SENATE
  • 17 / Sep / 2013
    • DELIVERED TO GOVERNOR
  • 27 / Sep / 2013
    • SIGNED CHAP.356

Summary

Provides for the payment of restitution to volunteer fire companies in certain instances.

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Bill Details

Versions:
S337
S337A
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd ยง60.27, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4305A
2009-2010: S2503

Sponsor Memo

BILL NUMBER:S337

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:

2011-2012: S.4305A/A.6126A
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
________________________________________________________________________

                                   337

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 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.
                                                           LBD01494-01-3

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