senate Bill S1455

2013-2014 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 -


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2014 referred to codes
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.748
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Mar 20, 2013 referred to codes
delivered to assembly
passed senate
Mar 14, 2013 advanced to third reading
Mar 13, 2013 2nd report cal.
Mar 12, 2013 1st report cal.191
Jan 09, 2013 referred to codes

Votes

view votes

May 13, 2014 - Codes committee Vote

S1455
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Mar 12, 2013 - Codes committee Vote

S1455
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

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S1455 - Details

Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4396
2009-2010: S3920

S1455 - 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.

S1455 - Sponsor Memo

S1455 - Bill Text download pdf

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

                                  1455

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. FLANAGAN, DeFRANCISCO, LARKIN, MAZIARZ -- 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

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

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