Assembly Bill A3329

2017-2018 Legislative Session

Requires mandatory restitution and reparation by the court if an officer of a school district is convicted and the victim is such officer's school district

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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

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2017-A3329 (ACTIVE) - Details

See Senate Version of this Bill:
S3827
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9783, A3289, S2524
2011-2012: A6178, S3899
2013-2014: A4400, S3525
2015-2016: A5848, S4190
2019-2020: A6014, S3330
2021-2022: A6855, S5757

2017-A3329 (ACTIVE) - Summary

Requires mandatory restitution by the court if an officer of a school district is convicted and the victim of such crime is such officer's school district; mandates that the court require restitution up to the full amount of the fruits of the offense or reparation up to the full amount of the actual out-of-pocket loss suffered by the victim.

2017-A3329 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3827                                                  A. 3329
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Codes
 
 IN  ASSEMBLY -- Introduced by M. of A. PALUMBO -- read once and referred
   to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to the amount of  restitution
   and reparation to school districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 5  of  section  60.27  of  the
 penal  law, as amended by chapter 499 of the laws of 2005, is amended to
 read as follows:
   (a) Except upon consent of the defendant or as provided  in  paragraph
 (b)  of  this subdivision, or as a condition of probation or conditional
 discharge as provided in paragraph (g) of  subdivision  two  of  section
 65.10  of  this [chapter] TITLE, the amount of restitution or reparation
 required by the court shall not exceed fifteen thousand dollars  in  the
 case  of  a conviction for a felony, or ten thousand dollars in the case
 of a conviction for any offense other than a felony. Notwithstanding the
 provisions of this subdivision, if an officer of a  school  district  is
 convicted  of violating any section of article one hundred fifty-five of
 this chapter where the victim of such crime  is  such  officer's  school
 district,  the  court [may] SHALL require an amount of restitution up to
 the full amount of the fruits of the offense or  reparation  up  to  the
 full  amount  of  the  actual out-of-pocket loss suffered by the victim,
 provided further that in such case the provisions of  paragraph  (b)  of
 this subdivision shall not apply.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08134-01-7

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