What's happening
This bill requires town attorneys in Nassau County to collect fines, restitution, or reparation in criminal cases they prosecute.
Why it matters
Shifts responsibility for collection. By specifying that town attorneys in Nassau County must handle the collection of fines and restitution in cases they prosecute, the bill clarifies and localizes accountability, potentially speeding up the collection process and ensuring proper follow-through.
Potential increase in local resources needed. Town attorneys may require additional administrative capacity or resources to manage these collection efforts, which could impact local budgets or legal staffing.
May improve restitution outcomes for victims. Direct involvement by the prosecuting attorney's office could lead to more diligent pursuit of owed funds, benefiting crime victims, the public treasury, and reinforcing the consequences of corporate criminal conduct.
Creates consistency with other jurisdictions. This change aligns Nassau County’s practices with the procedural responsibilities already held by county attorneys elsewhere in New York, reducing ambiguity about who is responsible for collections.
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Who cares
Headline styles
Town Attorneys Collect Fines
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
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.
Town Attorneys Collect Fines
In Assembly Committee · Codes · Sponsor Edward Ra
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2870
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to requiring town attorneys to institute proceedings to collect fines, restitution or reparation in towns contained within Nassau county
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 420.20 of the criminal procedure law, as amended by chapter 290 of the laws of 1980, is amended to read as follows: § 420.20 Collection of fines, restitution or reparation imposed upon
corporations.
Where a corporation is sentenced to pay a fine, restitution or reparation, the fine, restitution or reparation must be paid at the time sentence is imposed. If the fine, restitution or reparation is not so paid, it may be collected in the same manner as a judgment in a civil action, and if execution issued upon such judgment be returned unsatisfied an action may be brought in the name of the people of the state of New York to procure a judgment sequestering the property of the corporation, as provided by the business corporation law. It is the duty of the attorney general in all criminal proceedings prosecuted by him, and, in all other proceedings, the county attorney for counties outside the city of New York, or the town attorney for all proceedings prosecuted by such town attorney for towns contained within Nassau county, and, in the city of New York the corporation counsel of the city of New York, to institute proceedings to collect such fine, restitution or reparation.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09109-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to requiring town attorneys to institute proceedings to collect fines, restitution or reparation in towns contained within Nassau county
Purpose or general idea of bill
This would enable local governments that are owed fine money by corpo- rations to collect on those judgments and will aid in enforcement of code violations.
Summary of provisions
Amends section 420.20 of the criminal procedure law, as amended by chap- ter 290 of the laws of 1980 to allow Town Attorneys in Nassau County the authority to collect fines.
Justification
There may be in excess of $8,500,000.00 in default judgments in Nassau County District Court alone that are due to the towns of Hempstead, North Hempstead, and Oyster Bay. Currently collection of fines imposed upon corporations are the duty of the county attorneys anywhere outside of New York City, but the county attorney of Nassau does not expend any time seeking to recover these various towns' fines as there is no incen- tive for them to do so.
Prior legislative history
S. 6740 of 2018; Passed Senate
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.