Senate Bill S3525

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2017-S3525 (ACTIVE) - Details

Current Committee:
Senate 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
2015-2016: S2083

2017-S3525 (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.

2017-S3525 (ACTIVE) - Sponsor Memo

2017-S3525 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3525
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 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.

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