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
Mandates full financial accountability for school district officers. By requiring courts to order restitution up to the total amount stolen (not just a capped amount), the bill ensures that school officers convicted of theft must pay back the entire sum taken from their district, not just a portion.
Removes judicial discretion to reduce restitution. The current law allows courts to decide whether to order full restitution; this bill changes "may" to "shall," making it mandatory and eliminating the possibility for leniency in the amount ordered.
Provides greater protection for school district resources. By guaranteeing that stolen funds must be returned in full, the bill aims to deter theft and ensure that money intended for students and educational purposes is not permanently lost to fraud or embezzlement.
Overrides certain exceptions in existing restitution law. The bill specifies that normal limits and exceptions (such as the $15,000 felony cap and certain procedural rules) do not apply in these cases, signaling the legislature’s intent to treat theft from schools with particular seriousness.
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Who cares
Headline styles
Force School Thieves to Repay
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 Fraud Repayment
In Assembly Committee · Codes · Sponsor Anthony H. Palumbo
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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the amount of restitution and reparation to school districts
Purpose
Requires mandatory restitution and reparation by the court if an officer of a school district is convicted and the victim is such officer's school district.
Summary of provisions
Penal law, Section 60.275(a) is amended.
Justification
The stealing of taxpayer dollars by those entrusted with the responsibility of educating our children is not only criminal but immoral. And, those found guilty of stealing from taxpayers and our children's education need to pay a serious price for their depraved actions. The bill will ensure that these criminals are required to repay every last penny to taxpayers instead of leaving it up to the discretion of the court.
Legislative history
2015-16 S.4190/A.5848; 2013-14 S.3525; 2011-12 S.3899/A.6178; 2009-10 S.2524/A.9783; 2007-08, S.2784/A.4945; 2005-06, S.6759/A.9226.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.