Senate Bill S4396

2011-2012 Legislative Session

Provides for payment of restitution for certain offenses committed where no other victim is seeking restitution and the municipality has expended funds

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S4396 (ACTIVE) - Details

See Assembly Version of this Bill:
A9161
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3920
2013-2014: S1455
2015-2016: S2083
2017-2018: S3525

2011-S4396 (ACTIVE) - Summary

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.

2011-S4396 (ACTIVE) - Sponsor Memo

2011-S4396 (ACTIVE) - Bill Text download pdf 

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

                                  4396

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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
THIS  SECTION, THE TERM "MUNICIPALITY" SHALL MEAN A STATE, COUNTY, CITY,
TOWN, VILLAGE, SCHOOL DISTRICT, LIBRARY DISTRICT, FIRE  DISTRICT,  WATER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10474-01-1

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