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Assembly Bill A6855

2021-2022 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

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2021-A6855 (ACTIVE) - Details

See Senate Version of this Bill:
S5757
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
2017-2018: A3329, S3827
2019-2020: A6014, S3330

2021-A6855 (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.

2021-A6855 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6855
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2021
                                ___________
 
 Introduced by M. of A. THIELE -- 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.
                                                            LBD10535-01-1

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