What's happening
This bill requires courts to order full restitution from school district officers convicted of theft from their own districts.
Why it matters
Closes a loophole for school district theft. This bill removes the court’s discretion and mandates full restitution from school district officers convicted of stealing from their own district, ensuring districts are made whole financially.
Targets public trust and accountability. By focusing specifically on school district officers, the bill underscores the importance of holding public officials accountable for breaching the trust placed in them to manage taxpayer money.
Overrides previous restitution caps. The legislation eliminates the previous $15,000 cap on restitution for felony convictions in these cases, allowing recovery of the entire amount stolen, which could be crucial for cash-strapped school districts.
Discourages future misconduct. The certainty of full financial consequences may act as a stronger deterrent against theft by school officials, potentially reducing incidents of fraud or embezzlement in the education system.
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Force School Fraud Repayment
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- 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.
Force School Thieves to Repay
In Senate Committee · Codes · Sponsor Kenneth P. LaValle
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3827 A. 3329
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 27, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. PALUMBO -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the amount of restitution and reparation to school districts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 5 of section 60.27 of the penal law, as amended by chapter 499 of the laws of 2005, is amended to read as follows:
(a) Except upon consent of the defendant or as provided in paragraph (b) of this subdivision, or as a condition of probation or conditional discharge as provided in paragraph (g) of subdivision two of section 65.10 of this [chapter] title, the amount of restitution or reparation required by the court shall not exceed fifteen thousand dollars in the case of a conviction for a felony, or ten thousand dollars in the case of a conviction for any offense other than a felony. Notwithstanding the provisions of this subdivision, if an officer of a school district is convicted of violating any section of article one hundred fifty-five of this chapter where the victim of such crime is such officer's school district, the court [may] shall require an amount of restitution up to the full amount of the fruits of the offense or reparation up to the full amount of the actual out-of-pocket loss suffered by the victim, provided further that in such case the provisions of paragraph (b) of this subdivision shall not apply.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08134-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.