|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Mar 26, 2012 |
referred to codes delivered to assembly passed senate |
| Mar 22, 2012 |
advanced to third reading |
| Mar 21, 2012 |
2nd report cal. |
| Mar 20, 2012 |
1st report cal.421 |
| Jan 05, 2012 |
print number 4305a |
| Jan 05, 2012 |
amend and recommit to codes |
| Jan 04, 2012 |
referred to codes |
| Jun 24, 2011 |
committed to rules |
| May 23, 2011 |
advanced to third reading |
| May 18, 2011 |
2nd report cal. |
| May 17, 2011 |
1st report cal.724 |
| Mar 28, 2011 |
referred to codes |
Senate Bill S4305
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
Bill Amendments
co-Sponsors
(R, C) 53rd Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, IP, RFM) Senate District
2011-S4305 - Details
2011-S4305 - Sponsor Memo
BILL NUMBER:S4305
TITLE OF BILL:
An act
to amend the penal law, in relation to the payment of reparation or
restitution in certain instances
PURPOSE:
To include certain persons and entities within the term "victim" to
enable a sentencing court to order restitution or reparation.
SUMMARY OF PROVISIONS:
Amends Penal Law S60.27(4)(b) to enlarge the scope of the term
"victim" used in that section. Under the terms of the amendment, a
sentencing court could order a convicted defendant to make reparation
of actual out-of-pocket losses sustained by any person, private
company, or public agency or department which took action to prevent,
mitigate, or remedy damages to persons or property caused by the
offense,
JUSTIFICATION:
Restitution and reparation to individual crime victims should be a
primary concern in our criminal justice system. Public and private
agencies which respond to crime-related incidents, provide
assistance, and prevent further damage should not be statutorily
ineligible to be reimbursed for certain costs as ordered by a
2011-S4305 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4305
2011-2012 Regular Sessions
I N S E N A T E
March 28, 2011
___________
Introduced by Sens. DeFRANCISCO, GRIFFO, JOHNSON, RANZENHOFER, SEWARD --
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 the payment of reparation
or restitution in certain instances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 4 of section 60.27 of the
penal law, as amended by section 41 of part A-1 of chapter 56 of the
laws of 2010, is amended to read as follows:
(b) the term "victim" shall include the victim of the offense, the
representative of a crime victim as defined in subdivision six of
section six hundred twenty-one of the executive law, an individual whose
identity was assumed or whose personal identifying information was used
in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
person who has suffered a financial loss as a direct result of the acts
of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
190.83 of this chapter, a good samaritan as defined in section six
hundred twenty-one of the executive law, ANY PERSON OR ENTITY WHICH
PROVIDES ASSISTANCE FOR THE PREVENTION OR MITIGATION OF DAMAGE TO PERSON
OR PROPERTY CAUSED BY AN OFFENSE and the office of victim services or
other governmental agency that has received an application for or has
provided financial assistance or compensation to the victim.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04107-01-1
co-Sponsors
(R, C) 53rd Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, IP, RFM) Senate District
2011-S4305A (ACTIVE) - Details
2011-S4305A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4305A
TITLE OF BILL:
An act
to amend the penal law, in relation to the payment of reparation or
restitution in certain instances
PURPOSE:
To include certain persons and entities within the term "victim" to
enable a sentencing court to order restitution or reparation.
SUMMARY OF PROVISIONS:
Amends Penal Law S60.27(4)(b) to enlarge the scope of the term
"victim" used in that section. Under the terms of the amendment, a
sentencing court could order a convicted defendant to make reparation
of actual out-of-pocket losses sustained by any person, private
company, or public agency or department which took action to prevent,
mitigate, or remedy damages to persons or property caused by the
offense.
JUSTIFICATION:
Restitution and reparation to individual crime victims should be a
primary concern in our criminal justice system. Public and private
agencies which respond to crime-related incidents, provide
assistance, and prevent further damage should not be statutorily
ineligible to be reimbursed for certain costs as ordered by a
2011-S4305A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4305--A
2011-2012 Regular Sessions
I N S E N A T E
March 28, 2011
___________
Introduced by Sens. DeFRANCISCO, GRIFFO, JOHNSON, RANZENHOFER, SEWARD --
read twice and ordered printed, and when printed to be committed to
the Committee on Codes -- recommitted to the Committee on Codes in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the penal law, in relation to the payment of reparation
or restitution in certain instances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 4 of section 60.27 of the
penal law, as amended by chapter 313 of the laws of 2011, is amended to
read as follows:
(b) the term "victim" shall include the victim of the offense, the
representative of a crime victim as defined in subdivision six of
section six hundred twenty-one of the executive law, an individual whose
identity was assumed or whose personal identifying information was used
in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
person who has suffered a financial loss as a direct result of the acts
of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
190.83 of this chapter, a good samaritan as defined in section six
hundred twenty-one of the executive law, ANY PERSON OR ENTITY WHICH
PROVIDES ASSISTANCE FOR THE PREVENTION OR MITIGATION OF DAMAGE TO PERSON
OR PROPERTY CAUSED BY AN OFFENSE and the office of victim services or
other governmental agency that has received an application for or has
provided financial assistance or compensation to the victim. A victim
shall also mean any owner or lawful producer of a master recording, or a
trade association that represents such owner or lawful producer, that
has suffered injury as a result of an offense as defined in article two
hundred seventy-five of this chapter.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04107-02-2
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