Bill Text: NY A06014 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 6014 (Prior Session Legislation)

Introduced

Bill Title: Requires mandatory restitution by the court if an officer of a school district is convicted and the victim of such crime is such officer's school district; mandates that the court require 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.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06014 Detail]

Download: New_York-2019-A06014-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          6014
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 26, 2019
                                       ___________
        Introduced  by  M.  of  A.  PALUMBO,  DeSTEFANO, FRIEND -- 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 Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 5  of  section  60.27  of  the
     2  penal  law, as amended by chapter 499 of the laws of 2005, is amended to
     3  read as follows:
     4    (a) Except upon consent of the defendant or as provided  in  paragraph
     5  (b)  of  this subdivision, or as a condition of probation or conditional
     6  discharge as provided in paragraph (g) of  subdivision  two  of  section
     7  65.10  of  this [chapter] title, the amount of restitution or reparation
     8  required by the court shall not exceed fifteen thousand dollars  in  the
     9  case  of  a conviction for a felony, or ten thousand dollars in the case
    10  of a conviction for any offense other than a felony. Notwithstanding the
    11  provisions of this subdivision, if an officer of a  school  district  is
    12  convicted  of violating any section of article one hundred fifty-five of
    13  this chapter where the victim of such crime  is  such  officer's  school
    14  district,  the  court [may] shall require an amount of restitution up to
    15  the full amount of the fruits of the offense or  reparation  up  to  the
    16  full  amount  of  the  actual out-of-pocket loss suffered by the victim,
    17  provided further that in such case the provisions of  paragraph  (b)  of
    18  this subdivision shall not apply.
    19    § 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