Assembly Bill A9161

2011-2012 Legislative Session

Provides for payment of restitution for certain offenses committed where no other victim is seeking restitution and the municipality has expended funds

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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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2011-A9161 (ACTIVE) - Details

See Senate Version of this Bill:
S4396
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3920
2013-2014: S1455
2015-2016: S2083
2017-2018: S3525

2011-A9161 (ACTIVE) - 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.

2011-A9161 (ACTIVE) - Bill Text download pdf 

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

                                  9161

                          I N  A S S E M B L Y

                            January 31, 2012
                               ___________

Introduced by M. of A. LAVINE -- read once and referred 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
THIS SECTION, THE TERM "MUNICIPALITY" SHALL MEAN A STATE, COUNTY,  CITY,
TOWN,  VILLAGE,  SCHOOL DISTRICT, LIBRARY DISTRICT, FIRE DISTRICT, WATER
OR SEWER DISTRICT OR ANY OTHER POLITICAL SUBDIVISION WITHIN THE TERRITO-
RIAL LIMITS OF THE STATE OF NEW YORK.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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