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History
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.421
- Print number 4305a
- Amend and recommit to codes
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.724
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the payment of restitution or reparation in certain instances
In Assembly Committee · Codes · Sponsor William Magnarelli
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4305A
Title of bill
An act to amend the penal law, in relation to the payment of reparation or restitution in certain instances
Purpose
To include certain persons and entities within the term "victim" to enable a sentencing court to order restitution or reparation.
Summary of provisions
Amends Penal Law S60.27(4)(b) to enlarge the scope of the term "victim" used in that section. Under the terms of the amendment, a sentencing court could order a convicted defendant to make reparation of actual out-of-pocket losses sustained by any person, private company, or public agency or department which took action to prevent, mitigate, or remedy damages to persons or property caused by the offense.
Justification
Restitution and reparation to individual crime victims should be a primary concern in our criminal justice system. Public and private agencies which respond to crime-related incidents, provide assistance, and prevent further damage should not be statutorily ineligible to be reimbursed for certain costs as ordered by a sentencing court. Such a situation recently arose in Central New York where a volunteer fire department used several hundred dollars worth of chemicals to extinguish a fire set by arson. The court was precluded from ordering the defendant to reimburse the fire department for this cost under the existing statute. The law should not be so limited that a court is prohibited from ordering reparation in such situations.
Legislative history
2009-2010: A.2942, 2007-2008: A.768, 2005-2006: A.274, 2003-2004: A.2014, 2001-2002: A.323
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.