senate Bill S337A

Signed by Governor

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

download pdf

Sponsor

Co-Sponsors

Bill Status


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

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.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A392A
Versions:
S337
S337A
Legislative Cycle:
2013-2014
Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4305A, A6126A
2009-2010: S2503, A2942
2007-2008: A768

Sponsor Memo

BILL NUMBER:S337A

TITLE OF BILL:
An act
to amend the penal law, in relation to the payment of
restitution to volunteer fire companies
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:

Section 1 - Amends Penal Law §60.27(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.

Section 2 - Effective Date

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 previously 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: A2014, 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--A
    Cal. No. 118

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  GIPSON, GRIFFO, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Codes -- reported favorably from said committee, ordered
  to first and second report, ordered to  a  third  reading,  passed  by
  Senate  and  delivered  to  the Assembly, recalled, vote reconsidered,
  restored to third reading, amended and  ordered  reprinted,  retaining
  its place in the order of third reading

AN ACT to amend the penal law, in relation to the payment of restitution
  to volunteer fire companies in certain instances

  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 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 meaning, shall mean
any municipality OR VOLUNTEER FIRE COMPANY which has expended  funds  or
will  expend  funds  for  the  purpose of restoration, rehabilitation or
clean-up of the site of the arson. Any restitution which may be required
to be made to a municipality OR VOLUNTEER FIRE COMPANY 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, less the amount of any funds which have
been or will be recovered from any other source, and shall not include a
designated surcharge pursuant to subdivision eight of this section.  Any
municipality  OR  VOLUNTEER FIRE COMPANY seeking 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01494-04-3

S. 337--A                           2

not be recovered from any other source or in any other civil or criminal
proceeding.   FOR THE PURPOSES  OF  THIS  SUBDIVISION,  "VOLUNTEER  FIRE
COMPANY"  MEANS  A FIRE COMPANY AS DEFINED IN PARAGRAPH A OF SUBDIVISION
TWO OF SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW.
  S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.