S1455-2013 Actions

• Mar 20, 2013: referred to codes
• Mar 20, 2013: DELIVERED TO ASSEMBLY
• Mar 20, 2013: PASSED SENATE
• Mar 14, 2013: ADVANCED TO THIRD READING
• Mar 13, 2013: 2ND REPORT CAL.
• Mar 12, 2013: 1ST REPORT CAL.191
• Jan 9, 2013: REFERRED TO CODES

S1455-2013 Meetings

S1455-2013 Calendars

S1455-2013 Votes

S1455-2013 Memo

BILL NUMBER:S1455

TITLE OF BILL:
An act
to amend the penal law, in relation to payment of restitution to a
municipality

PURPOSE:

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.

JUSTIFICATION:

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.

LEGISLATIVE HISTORY:

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

FISCAL IMPLICATIONS:

None.

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.

EFFECTIVE DATE:


This act shall take effect on the ninetieth day after it shall have
become law.

S1455-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1455
 2013-2014 Regular Sessions
 I N  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 OF
 EXPLANATION--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.

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