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.
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Oppenheimer
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: 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
STATE OF NEW YORK ________________________________________________________________________ 4305--A 2011-2012 Regular Sessions IN SENATE March 28, 2011 ___________Introduced by Sens. DeFRANCISCO, GRIFFO, JOHNSON, RANZENHOFER, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. LBD04107-02-2