Assembly Bill A4400

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Stricken

  • 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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2013-A4400 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd ยง60.27, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9783, A3289
2011-2012: A6178
2015-2016: A5848
2017-2018: A3329
2019-2020: A6014
2021-2022: A6855

2013-A4400 (ACTIVE) - Summary

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.

2013-A4400 (ACTIVE) - Bill Text download pdf 

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

    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

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