What's happening
This bill requires courts to order full restitution for school districts when a district officer is convicted of theft from their district.
Why it matters
Closes a loophole. The bill removes the court’s discretion and makes it mandatory for courts to order full restitution or reparation to school districts when an officer is convicted of stealing from the district, ensuring that districts are fully compensated for financial losses.
Prioritizes school district recovery. By specifying “full amount” of restitution or reparation, the bill aims to protect taxpayer-funded institutions—ensuring that stolen funds are returned to support student programs, staff salaries, and other educational resources.
Targets public trust and accountability. The bill directly addresses breaches of trust by school officials, potentially deterring future theft by making consequences more certain and substantial, thus reinforcing accountability for those entrusted with public resources.
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Who cares
Headline styles
Force School Crooks 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.
Make School Thieves Repay Districts
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
3330
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed 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.
LBD08372-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the 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 responsi- bility of educating our children is not only criminal but immoral. And, those found guilty of stealing from taxpayers and our children's educa- tion 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
2017-18 S.3827/A.3329; 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.