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S2083Senate2015-2016 Session

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

Sponsor John J. FlanaganSD-2+3 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Sponsors

Primary sponsor
John J. Flanagan

Senator · Senate District 2

Chair, Education

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 59–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.426
  7. Referred to codes
  8. Returned to senate
  9. Died in assembly
  10. Referred to codes
  11. Delivered to assembly
  12. Passed senateVote 63–0
Show 3 earlier actions
  1. Ordered to third reading cal.1606
  2. Committee discharged and committed to rules
  3. Referred to codes

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S2083

Title of bill

An act to amend the penal law, in relation to payment of restitution to a municipality

Purpose

This bill would require defendants to pay restitution upon a conviction of vandalism or arson upon a municipality.

Summary of provisions

Section 1 of this bill amends subdivision 10 of § 60.27 of the Penal Law by making restitution mandatory for a defendant who commits any of the enumerated offenses against a municipality. Municipality is defined as a state, county, city, town, village, school district, library district, fire district, water or sewer district or any other political subdivision within the territorial limits of the State of New York.

Section 2 sets out an effective date of 90 days after it shall have become a law.

Justification

Crimes against property are becoming more and more common place. Myriad instances of vandalism fill the newspapers. When these crimes are committed against public property, the taxpayer bears the financial burden. Recent Long Island examples include: two Plainview men setting a high school dugout and school flagpole on fire, the vandalism of more than 30 school buses in Dix Hills at the cost of over $10,000, and racial epithets painted on the doors of Islip High School. Current law allows for restitution at the discretion of the sentencing court. This legislation would make restitution mandatory whenever the victim of these specifically enumerated crimes is a public entity. This strikes an appropriate balance between the discretion of the current statute and the need to protect taxpayer property.

Legislative history

2005-06: Passed Senate/Referred to Assembly Codes Cmte. 2007-08: Passed Senate/Assembly Codes Cmte. 2009-10: Senate Codes Cmte. 2011-12: Passed Senate/Assembly Codes 2013-14: Passed Senate

Fiscal implications

None.

Local fiscal implications

This bill may have a positive fiscal impact because for every sentence of restitution there is a surcharge for the local court.

Effective date

This act shall take effect on the ninetieth day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.