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.
STATE OF NEW YORK
________________________________________________________________________
S. 3899 A. 6178
2011-2012 Regular Sessions
SENATE - ASSEMBLY
March 9, 2011
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. LOSQUADRO -- 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.
LBD09922-01-1
