Assembly Bill A9783

2009-2010 Legislative Session

Requires mandatory restitution and reparation by the court if an officer of a school district is convicted and the victim is such officer's school district

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

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

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2009-A9783 (ACTIVE) - Details

See Senate Version of this Bill:
S2524
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6178, S3899
2013-2014: A4400, S3525
2015-2016: A5848, S4190
2017-2018: A3329, S3827
2019-2020: A6014, S3330
2021-2022: A6855, S5757

2009-A9783 (ACTIVE) - Summary

Requires mandatory restitution by the court if an officer of a school district is convicted and the victim of such crime is such officer's school district; mandates that the court require restitution up to the full amount of the fruits of the offense or reparation up to the full amount of the actual out-of-pocket loss suffered by the victim.

2009-A9783 (ACTIVE) - Sponsor Memo

2009-A9783 (ACTIVE) - Bill Text download pdf 

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

                                  9783

                          I N  A S S E M B L Y

                            January 28, 2010
                               ___________

Introduced by M. of A. ALESSI -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to the amount of restitution
  and reparation to school districts

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

  Section  1.  Paragraph  (a)  of  subdivision 5 of section 60.27 of the
penal law, as amended by chapter 499 of the laws of 2005, is amended  to
read as follows:
  (a)  Except  upon consent of the defendant or as provided in paragraph
(b) of this subdivision, or as a condition of probation  or  conditional
discharge  as  provided  in  paragraph (g) of subdivision two of section
65.10 of this [chapter] TITLE, the amount of restitution  or  reparation
required  by  the court shall not exceed fifteen thousand dollars in the
case of a conviction for a felony, or ten thousand dollars in  the  case
of a conviction for any offense other than a felony. Notwithstanding the
provisions  of  this  subdivision, if an officer of a school district is
convicted of violating any section of article one hundred fifty-five  of
this  chapter  where  the  victim of such crime is such officer's school
district, the court [may] SHALL require an amount of restitution  up  to
the  full  amount  of  the fruits of the offense or reparation up to the
full amount of the actual out-of-pocket loss  suffered  by  the  victim,
provided  further  that  in such case the provisions of paragraph (b) of
this subdivision shall not apply.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04635-01-9

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