Assembly Bill A9273

2013-2014 Legislative Session

Repeals subdivision 6 of section 420.10 of the criminal procedure law, relating to the ability of a sentencing court to reduce a restitution order in a criminal sentence to a civil judgment

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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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2013-A9273 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld §420.10 sub 6, CP L; amd §60.27, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A3690
2017-2018: A2582
2019-2020: A5872
2021-2022: A6064

2013-A9273 (ACTIVE) - Summary

Repeals provisions of the criminal procedure law, relating to the ability of a sentencing court to reduce a restitution order in a criminal sentence to a civil judgment; makes conforming changes.

2013-A9273 (ACTIVE) - Bill Text download pdf 

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

                                  9273

                          I N  A S S E M B L Y

                              April 7, 2014
                               ___________

Introduced  by M. of A. LALOR -- read once and referred to the Committee
  on Codes

AN ACT to repeal subdivision 6 of section 420.10 of the criminal  proce-
  dure  law,  relating  to the ability of a sentencing court to reduce a
  restitution order in a criminal sentence to a civil judgement; and  to
  amend the penal law, in relation to making conforming changes

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

  Section 1. Subdivision 6 of section 420.10 of the  criminal  procedure
law is REPEALED.
  S  2.  Subdivision  14  of section 60.27 of the penal law, as added by
section 7 of part D of chapter 56 of the laws of  2010,  is  amended  to
read as follows:
  14.  Where  a  transfer  of probation has occurred pursuant to section
410.80 of the criminal procedure law and the probationer is subject to a
restitution condition, the department of  probation  in  the  county  in
which  the order of restitution was imposed shall notify the appropriate
district attorney. Upon notification by  the  department  of  probation,
such  district attorney shall file a certified copy of the judgment with
the clerk of the county in the receiving jurisdiction  for  purposes  of
establishing   a   first  lien  [and  to  permit  institution  of  civil
proceedings pursuant to the provisions of  subdivision  six  of  section
420.10 of the criminal procedure law].
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14539-01-4

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