senate Bill S4396

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this bill?

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 29, 2012 referred to codes
delivered to assembly
passed senate
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
passed senate
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

Votes

view votes

Feb 7, 2012 - Codes committee Vote

S4396
14
1
committee
14
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Apr 12, 2011 - Codes committee Vote

S4396
11
2
committee
11
Aye
2
Nay
1
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Apr 12, 2011

nay (2)
aye wr (1)
excused (2)

Co-Sponsors

S4396 - Bill Details

See Assembly Version of this Bill:
A9161
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S3920

S4396 - Bill Texts

view 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.

view 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.
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.

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 full 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

S. 4396                             2

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.

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.