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.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Montgomery
TITLE OF BILL: An act to amend the penal law, in relation to payment of restitution to a municipality
This bill would require defendants to pay restitution upon a conviction of vandalism or arson upon a municipality.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends subdivision 10 of § 60.27 of the Penal Law by making restitution mandatory for a defendant who commits any of the enumerated offenses against a municipality. Municipality is defined as a state, county, city, town, village, school district, library district, fire district, water or sewer district or any other political subdivision within the territorial limits of the State of New York.
Crimes against property are becoming more and more common place. Myriad instances of vandalism fill the newspapers. When these crimes are committed against public property, the taxpayer bears the financial burden. This year alone, recent Long Island examples include: two Plain-view men setting a high school dugout and school flagpole on fire, the vandalism of more than 30 school buses in Dix Hills at the cost of over $10,000, and racial epithets painted on the doors of Islip High School. Current law allows for restitution at the discretion of the sentencing court. This legislation would make restitution mandatory whenever the victim of these specifically enumerated crimes is a public entity. This strikes an appropriate balance between the discretion of the current statute and the need to protect taxpayer property.
2005-06: Passed Senate/Referred to Assembly Codes Cmte. 2007-08: Passed Senate/Assembly Codes Cmte. 2009-10: Senate Codes Cmte. 2011-12: Passed Senate/Assembly Codes
LOCAL FISCAL IMPLICATIONS:
This bill may have a positive fiscal impact because for every sentence of restitution there is a surcharge for the local court.
This act shall take effect on the ninetieth day after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1455 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. FLANAGAN, DeFRANCISCO, LARKIN, MAZIARZ -- 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 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 OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05655-01-3 S. 1455 2
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.