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Assembly Bill A2582

2017-2018 Legislative Session

Repeals subdivision 6 of section 420.10 of the criminal procedure law, relating to the ability of a sentencing court to reduce a restitution order in a criminal sentence to a civil judgment

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Archive: Last Bill Status - In Assembly Committee

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2017-A2582 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld §420.10 sub 6, CP L; amd §60.27, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9273
2015-2016: A3690
2019-2020: A5872
2021-2022: A6064

2017-A2582 (ACTIVE) - Summary

Repeals provisions of the criminal procedure law, relating to the ability of a sentencing court to reduce a restitution order in a criminal sentence to a civil judgment; makes conforming changes.

2017-A2582 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2582
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. LALOR -- read once and referred to the Committee
   on Codes
 
 AN ACT to repeal subdivision 6 of section 420.10 of the criminal  proce-
   dure  law,  relating  to the ability of a sentencing court to reduce a
   restitution order in a criminal sentence to a civil judgement; and  to
   amend the penal law, in relation to making conforming changes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 420.10 of the  criminal  procedure
 law is REPEALED.
   §  2.  Subdivision  14  of section 60.27 of the penal law, as added by
 section 7 of part D of chapter 56 of the laws of  2010,  is  amended  to
 read as follows:
   14.  Where  a  transfer  of probation has occurred pursuant to section
 410.80 of the criminal procedure law and the probationer is subject to a
 restitution condition, the department of  probation  in  the  county  in
 which  the order of restitution was imposed shall notify the appropriate
 district attorney. Upon notification by  the  department  of  probation,
 such  district attorney shall file a certified copy of the judgment with
 the clerk of the county in the receiving jurisdiction  for  purposes  of
 establishing   a   first  lien  [and  to  permit  institution  of  civil
 proceedings pursuant to the provisions of  subdivision  six  of  section
 420.10 of the criminal procedure law].
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07023-01-7

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