Includes, for the purpose of payment of restitution or reparation, within the definition of the term "victim" any person or entity which provides assistance for the prevention or mitigation of damage to person or property caused by an offense.

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S337-2013 Actions

• May 20, 2013: referred to codes
• May 20, 2013: DELIVERED TO ASSEMBLY
• May 20, 2013: PASSED SENATE
• Mar 5, 2013: ADVANCED TO THIRD READING
• Mar 4, 2013: 2ND REPORT CAL.
• Feb 28, 2013: 1ST REPORT CAL.118
• Jan 9, 2013: REFERRED TO CODES

S337-2013 Meetings

Codes: Feb 28, 2013

S337-2013 Calendars

Active List: May 20, 2013 , Floor Calendar: Mar 4, 2013 , Floor Calendar: Mar 5, 2013 , Floor Calendar: Mar 6, 2013 , Floor Calendar: Mar 7, 2013 , Floor Calendar: Mar 11, 2013 , Floor Calendar: Mar 12, 2013 , Floor Calendar: Mar 13, 2013 , Floor Calendar: Mar 14, 2013 , Floor Calendar: Mar 18, 2013 , Floor Calendar: Mar 19, 2013 , Floor Calendar: Mar 20, 2013 , Floor Calendar: Mar 21, 2013 , Floor Calendar: Mar 24, 2013 , Floor Calendar: Mar 25, 2013 , Floor Calendar: Mar 26, 2013 , Floor Calendar: Mar 27, 2013 , Floor Calendar: Apr 15, 2013 , Floor Calendar: Apr 16, 2013 , Floor Calendar: Apr 17, 2013 , Floor Calendar: Apr 22, 2013 , Floor Calendar: Apr 23, 2013 , Floor Calendar: Apr 24, 2013 , Floor Calendar: Apr 29, 2013 , Floor Calendar: Apr 30, 2013 , Floor Calendar: May 1, 2013 , Floor Calendar: May 6, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013

S337-2013 Votes

S337-2013 Memo

BILL NUMBER:S337

TITLE OF BILL:

An act
to amend the penal law, in relation to the payment of reparation or
restitution in certain instances

PURPOSE:

To include certain persons and entities within the term "victim" to
enable a sentencing court to order restitution or reparation.

SUMMARY OF PROVISIONS:

Amends Penal Law S60.27(4)(b) to enlarge the scope of the term
"victim" used in that section. Under the terms of the amendment, a
sentencing court could order a convicted defendant to make reparation
of actual out-of-pocket losses sustained by any person, private
company, or public agency or department which took action to prevent,
mitigate, or remedy damages to persons or property caused by the
offense.

JUSTIFICATION:

Restitution and reparation to individual crime victims should be a
primary concern in our criminal justice system. Public and private
agencies which respond to crime-related incidents, provide
assistance, and prevent further damage should not be statutorily
ineligible to be reimbursed for certain costs as ordered by a
sentencing court. Such a situation recently arose in Central New York
where a volunteer fire department used several hundred dollars worth
of chemicals to extinguish a fire set by arson. The court was
precluded from ordering the defendant to reimburse the fire
department for this cost under the existing statute. The law should
not be so limited that a court is prohibited from ordering reparation
in such situations.

LEGISLATIVE HISTORY:

2011-2012: S.4305A/A.6126A
2009-2010: A.2942
2007-2008: A.768
2005-2006: A.274
2003-2004: A.2014
2001-2002: A.323

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S337-2013 Text

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

                                     337

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  DeFRANCISCO -- 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 the payment of  reparation
    or restitution in certain instances

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Paragraph (b) of subdivision 4  of  section  60.27  of  the
  penal  law, as amended by chapter 313 of the laws of 2011, is amended to
  read as follows:

    (b) the term "victim" shall include the victim  of  the  offense,  the
  representative  of  a  crime  victim  as  defined  in subdivision six of
  section six hundred twenty-one of the executive law, an individual whose
  identity was assumed or whose personal identifying information was  used
  in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
  person  who has suffered a financial loss as a direct result of the acts
  of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
  190.83 of this chapter, a good  samaritan  as  defined  in  section  six
  hundred  twenty-one  of  the  executive  law, ANY PERSON OR ENTITY WHICH
  PROVIDES ASSISTANCE FOR THE PREVENTION OR MITIGATION OF DAMAGE TO PERSON
  OR PROPERTY CAUSED BY AN OFFENSE and the office of  victim  services  or
  other  governmental  agency  that has received an application for or has
  provided financial assistance or compensation to the victim.   A  victim
  shall also mean any owner or lawful producer of a master recording, or a
  trade  association  that  represents such owner or lawful producer, that
  has suffered injury as a result of an offense as defined in article  two
  hundred seventy-five of this chapter.
    S 2. This act shall take effect immediately.


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01494-01-3