senate Bill S337A

Signed By Governor
2013-2014 Legislative Session

Provides for the payment of restitution to volunteer fire companies in certain instances

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 signed chap.356
Sep 17, 2013 delivered to governor
Jun 10, 2013 returned to senate
passed assembly
ordered to third reading rules cal.67
substituted for a392a
referred to codes
returned to assembly
repassed senate
May 30, 2013 amended on third reading (t) 337a
vote reconsidered - restored to third reading
returned to senate
May 30, 2013 recalled from assembly
May 20, 2013 referred to codes
delivered to assembly
passed senate
Mar 05, 2013 advanced to third reading
Mar 04, 2013 2nd report cal.
Feb 28, 2013 1st report cal.118
Jan 09, 2013 referred to codes

Votes

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Feb 28, 2013 - Codes committee Vote

S337
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S337 - Bill Details

See Assembly Version of this Bill:
A392A
Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4305A, A6126A
2009-2010: S2503, A2942

S337 - Bill Texts

view summary

Provides for the payment of restitution to volunteer fire companies in certain instances.

view sponsor memo
BILL NUMBER:S337

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
sentencing court. Such a situation recently arose in Central New York
where a volunteer fire department used several hundred dollars worth
of chemicals to extinguish a fire set by arson. The court was
precluded from ordering the defendant to reimburse the fire
department for this cost under the existing statute. The law should
not be so limited that a court is prohibited from ordering reparation
in such situations.

LEGISLATIVE HISTORY:

2011-2012: S.4305A/A.6126A
2009-2010: A.2942
2007-2008: A.768
2005-2006: A.274
2003-2004: A.2014
2001-2002: A.323

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   337

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 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.
                                                           LBD01494-01-3

Co-Sponsors

S337A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A392A
Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4305A, A6126A
2009-2010: S2503, A2942

S337A (ACTIVE) - Bill Texts

view summary

Provides for the payment of restitution to volunteer fire companies in certain instances.

view sponsor memo
BILL NUMBER:S337A

TITLE OF BILL:
An act
to amend the penal law, in relation to the payment of
restitution to volunteer fire companies
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:

Section 1 - Amends Penal Law §60.27(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.

Section 2 - Effective Date

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
sentencing court. Such a situation previously arose in Central New
York where a volunteer fire department used several hundred dollars
worth of chemicals to extinguish a fire set by arson. The court was
precluded from ordering the defendant to reimburse the fire
department for this
cost under the existing statute. The law should not be so limited that
a court is prohibited from ordering reparation in such situations.

LEGISLATIVE HISTORY:

2011-2012 - S. 4305A/A.6126A; 2009-2010: A.2942, 2007-2008: A.768,
2005-2006: A.274, 2003-2004: A2014, 2001-2002: A.323

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

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

                                 337--A
    Cal. No. 118

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  DeFRANCISCO,  GIPSON, GRIFFO, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Codes -- reported favorably from said committee, ordered
  to first and second report, ordered to  a  third  reading,  passed  by
  Senate  and  delivered  to  the Assembly, recalled, vote reconsidered,
  restored to third reading, amended and  ordered  reprinted,  retaining
  its place in the order of third reading

AN ACT to amend the penal law, in relation to the payment of restitution
  to volunteer fire companies in certain instances

  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 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 meaning, shall mean
any municipality OR VOLUNTEER FIRE COMPANY which has expended  funds  or
will  expend  funds  for  the  purpose of restoration, rehabilitation or
clean-up of the site of the arson. Any restitution which may be required
to be made to a municipality OR VOLUNTEER FIRE COMPANY 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, less the amount of any funds which have
been or will be recovered from any other source, and shall not include a
designated surcharge pursuant to subdivision eight of this section.  Any
municipality  OR  VOLUNTEER FIRE COMPANY seeking 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01494-04-3

S. 337--A                           2

not be recovered from any other source or in any other civil or criminal
proceeding.   FOR THE PURPOSES  OF  THIS  SUBDIVISION,  "VOLUNTEER  FIRE
COMPANY"  MEANS  A FIRE COMPANY AS DEFINED IN PARAGRAPH A OF SUBDIVISION
TWO OF SECTION ONE HUNDRED OF THE GENERAL MUNICIPAL LAW.
  S 2. This act shall take effect immediately.

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