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.
TITLE OF BILL: An act to amend the penal law, in relation to the amount of restitution and reparation to school districts
PURPOSE: 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.
SUMMARY OF PROVISIONS: Penal law, Section 60.275(a) is amended.
JUSTIFICATION: The stealing of taxpayer dollars by those entrusted with the responsibility of educating our children is not only criminal but immoral. And, those found guilty of stealing from taxpayers and our children's education need to pay a serious price for their depraved actions. The bill will ensure that these criminals are required to repay every last penny to taxpayers instead of leaving it up to the discretion of the court.
LEGISLATIVE HISTORY: 2011-12 S.3899/A.6178; 2009-10 S.2524/A.9783; 2007-08, S.2784/A.4945; 2005-06, S.6759/A.9226.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 3525 A. 4400 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y February 5, 2013 ___________IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Codes IN ASSEMBLY -- Introduced by M. of A. LOSQUADRO -- 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. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06161-01-3