Bill Text: NY A05872 | 2019-2020 | General Assembly | Introduced


Bill Title: Repeals provisions of the criminal procedure law, relating to the ability of a sentencing court to reduce a restitution order in a criminal sentence to a civil judgment; makes conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-02-20 - referred to codes [A05872 Detail]

Download: New_York-2019-A05872-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5872
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 20, 2019
                                       ___________
        Introduced  by M. of A. LALOR -- read once and referred to the Committee
          on Codes
        AN ACT to repeal subdivision 6 of section 420.10 of the criminal  proce-
          dure  law,  relating  to the ability of a sentencing court to reduce a
          restitution order in a criminal sentence to a civil judgement; and  to
          amend the penal law, in relation to making conforming changes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 6 of section 420.10 of the  criminal  procedure
     2  law is REPEALED.
     3    §  2.  Subdivision  14  of section 60.27 of the penal law, as added by
     4  section 7 of part D of chapter 56 of the laws of  2010,  is  amended  to
     5  read as follows:
     6    14.  Where  a  transfer  of probation has occurred pursuant to section
     7  410.80 of the criminal procedure law and the probationer is subject to a
     8  restitution condition, the department of  probation  in  the  county  in
     9  which  the order of restitution was imposed shall notify the appropriate
    10  district attorney. Upon notification by  the  department  of  probation,
    11  such  district attorney shall file a certified copy of the judgment with
    12  the clerk of the county in the receiving jurisdiction  for  purposes  of
    13  establishing   a   first  lien  [and  to  permit  institution  of  civil
    14  proceedings pursuant to the provisions of  subdivision  six  of  section
    15  420.10 of the criminal procedure law].
    16    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00945-01-9
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