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.
S T A T E O F N E W Y O R K
________________________________________________________________________
9161
I N A S S E M B L Y
January 31, 2012
___________
Introduced by M. of A. LAVINE -- read once and referred 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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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