Assembly Bill A6631

2011-2012 Legislative Session

Increases from 5% to 15% the restitution collection agency designated surcharge

download bill text pdf

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2011-A6631 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง60.27, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6240
2013-2014: A4796
2015-2016: A4775
2017-2018: A5704

2011-A6631 (ACTIVE) - Summary

Increases from 5 percent to 15 percent of the restitution or reparation ordered to be paid by a criminal defendant, the surcharge imposed upon such restitution for payment to a restitution collection agency.

2011-A6631 (ACTIVE) - Bill Text download pdf 

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

                                  6631

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 23, 2011
                               ___________

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

AN ACT to amend the penal law, in relation to increasing the restitution
  collection agency designated surcharge

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

  Section 1. Subdivision 8 of section 60.27 of the penal law, as amended
by chapter 363 of the laws of 1991, is amended to read as follows:
  8. The court shall in all cases where  restitution  or  reparation  is
imposed  direct  as  part  of  the  disposition that the defendant pay a
designated surcharge of [five] FIFTEEN percent of the entire amount of a
restitution or reparation payment to the official or organization desig-
nated pursuant to subdivision eight of section 420.10  of  the  criminal
procedure  law. The designated surcharge shall not exceed [five] FIFTEEN
percent of the amount actually collected. Upon the filing of an  affida-
vit  of  the official or organization designated pursuant to subdivision
eight of section 420.10 of the criminal procedure law demonstrating that
the actual cost of the collection and administration of  restitution  or
reparation  in  a  particular case exceeds [five] FIFTEEN percent of the
entire amount of the payment or the amount actually  collected,  as  the
case may be, the court shall direct that the defendant pay an additional
surcharge of not more than five percent of the entire amount of a resti-
tution  or  reparation  payment to such official or organization, or the
actual cost of collection or administration, whichever is  less  unless,
upon  application of the defendant, the court determines that imposition
of such additional surcharge would cause undue hardship to  the  defend-
ant,  or any other person who is financially supported by the defendant,
or would otherwise not be in the interest of  justice.  Such  additional
surcharge,  when  added to the initial [five] FIFTEEN percent surcharge,
shall not exceed [ten] THIRTY percent of the amount actually collected.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.