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.
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2 law is REPEALED.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
