Bill Text: NY A06855 | 2021-2022 | General Assembly | Introduced

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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 (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A06855 Detail]

Download: New_York-2021-A06855-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6855

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 12, 2021
                                       ___________

        Introduced by M. of A. THIELE -- 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.
                                                                   LBD10535-01-1