Bill Text: NY S04305 | 2011-2012 | General Assembly | Amended

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Bill Title: Includes, for the purpose of payment of restitution or reparation, within the definition of the term "victim" any person or entity which provides assistance for the prevention or mitigation of damage to person or property caused by an offense.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2012-03-26 - referred to codes [S04305 Detail]

Download: New_York-2011-S04305-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4305--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 28, 2011
                                      ___________
       Introduced by Sens. DeFRANCISCO, GRIFFO, JOHNSON, RANZENHOFER, SEWARD --
         read  twice  and  ordered printed, and when printed to be committed to
         the Committee on Codes -- recommitted to the  Committee  on  Codes  in
         accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT to amend the penal law, in relation to the payment of reparation
         or restitution in certain instances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (b)  of  subdivision 4 of section 60.27 of the
    2  penal law, as amended by chapter 313 of the laws of 2011, is amended  to
    3  read as follows:
    4    (b)  the  term  "victim"  shall include the victim of the offense, the
    5  representative of a crime  victim  as  defined  in  subdivision  six  of
    6  section six hundred twenty-one of the executive law, an individual whose
    7  identity  was assumed or whose personal identifying information was used
    8  in violation of section 190.78, 190.79 or 190.80 of this chapter, or any
    9  person who has suffered a financial loss as a direct result of the  acts
   10  of a defendant in violation of section 190.78, 190.79, 190.80, 190.82 or
   11  190.83  of  this  chapter,  a  good  samaritan as defined in section six
   12  hundred twenty-one of the executive law,  ANY  PERSON  OR  ENTITY  WHICH
   13  PROVIDES ASSISTANCE FOR THE PREVENTION OR MITIGATION OF DAMAGE TO PERSON
   14  OR  PROPERTY  CAUSED  BY AN OFFENSE and the office of victim services or
   15  other governmental agency that has received an application  for  or  has
   16  provided  financial  assistance or compensation to the victim.  A victim
   17  shall also mean any owner or lawful producer of a master recording, or a
   18  trade association that represents such owner or  lawful  producer,  that
   19  has  suffered injury as a result of an offense as defined in article two
   20  hundred seventy-five of this chapter.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04107-02-2