|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 29, 2012||referred to codes|
delivered to assembly
|Feb 14, 2012||advanced to third reading|
|Feb 13, 2012||2nd report cal.|
|Feb 07, 2012||1st report cal.183|
|Jan 04, 2012||referred to codes|
returned to senate
died in assembly
|May 10, 2011||referred to codes|
delivered to assembly
|May 02, 2011||advanced to third reading|
|Apr 13, 2011||2nd report cal.|
|Apr 12, 2011||1st report cal.353|
|Apr 04, 2011||referred to codes|
senate Bill S4396
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4396 - Details
S4396 - 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.
S4396 - Sponsor Memo
BILL NUMBER:S4396 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.
S4396 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4396 2011-2012 Regular Sessions I N S E N A T E April 4, 2011 ___________ Introduced by Sen. FLANAGAN -- 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 THIS SECTION, THE TERM "MUNICIPALITY" SHALL MEAN A STATE, COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, LIBRARY DISTRICT, FIRE DISTRICT, WATER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10474-01-1
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