Senate Bill S2083

2015-2016 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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2015-S2083 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3920
2011-2012: S4396
2013-2014: S1455
2017-2018: S3525

2015-S2083 (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.

2015-S2083 (ACTIVE) - Sponsor Memo

2015-S2083 (ACTIVE) - Bill Text download pdf 

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

                                  2083

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

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
amended  by  chapter  356  of  the  laws  of 2013, 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 or volunteer  fire  company  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 or volunteer fire company
pursuant to this section shall be limited to the amount of funds reason-
ably expended or to be expended for the purpose of restoration, rehabil-
itation or clean-up of the site of the [arson] OFFENSE, less the  amount
of any funds which have been or will be recovered from any other source,
and  shall  not  include  a designated surcharge pursuant to subdivision
eight of this section. Any municipality or volunteer fire company [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 the purposes of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05210-01-5

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