S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3457
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2019
                                ___________
 
 Introduced  by  Sens.  MONTGOMERY,  BENJAMIN,  BRESLIN, JACKSON, PARKER,
   PERSAUD, RAMOS, SALAZAR, SANDERS, SEPULVEDA, THOMAS -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  allowing  a
   court  to  waive  certain  surcharges  and fees; and to repeal certain
   provisions of the penal law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 420.35 of the criminal procedure
 law, as amended by chapter 189 of the laws of 2018, is amended and a new
 subdivision 2-a is added to read as follows:
   2. [Under] EXCEPT AS PROVIDED IN THIS SUBDIVISION OR SUBDIVISION TWO-A
 OF THIS SECTION, UNDER no circumstances shall the  mandatory  surcharge,
 sex  offender  registration  fee,  DNA  databank fee or the crime victim
 assistance fee be waived [provided, however, that a court may waive  the
 crime  victim  assistance  fee if such defendant is an eligible youth as
 defined in subdivision two of section 720.10 of this  chapter,  and  the
 imposition  of  such  fee  would  work  an  unreasonable hardship on the
 defendant, his or her immediate family,  or  any  other  person  who  is
 dependent  on such defendant for financial support]. A court shall waive
 any mandatory surcharge, DNA databank fee and  crime  victim  assistance
 fee when: (i) the defendant is convicted of loitering for the purpose of
 engaging in prostitution under section 240.37 of the penal law (provided
 that  the  defendant  was  not convicted of loitering for the purpose of
 patronizing a person for prostitution); (ii) the defendant is  convicted
 of prostitution under section 230.00 of the penal law; (iii) the defend-
 ant  is convicted of a violation in the event such conviction is in lieu
 of a plea to or conviction for loitering for the purpose of engaging  in
 prostitution  under  section  240.37 of the penal law (provided that the
 defendant was not alleged to be loitering for the purpose of patronizing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06369-01-9

 S. 3457                             2
 
 a person for prostitution) or prostitution under section 230.00  of  the
 penal  law;  or (iv) the court finds that a defendant is a victim of sex
 trafficking under section 230.34 of the penal law or a victim  of  traf-
 ficking  in persons under the trafficking victims protection act (United
 States Code, Title 22, Chapter 78); or (v)  the  court  finds  that  the
 defendant  is  a  victim  of  sex  trafficking  of a child under section
 230.34-a of the penal law.
   2-A. A COURT MAY WAIVE ANY MANDATORY SURCHARGE, ADDITIONAL  SURCHARGE,
 TOWN OR VILLAGE SURCHARGE, THE CRIME VICTIM ASSISTANCE FEE, DNA DATABANK
 FEE,  SEX  OFFENDER  REGISTRATION  FEE  AND/OR SUPPLEMENTAL SEX OFFENDER
 VICTIM FEE WHEN THE COURT FINDS THAT THE DEFENDANT WAS UNDER THE AGE  OF
 TWENTY-ONE AT THE TIME THE OFFENSE WAS COMMITTED AND:
   (A) THE IMPOSITION OF SUCH SURCHARGE OR FEE WOULD WORK AN UNREASONABLE
 HARDSHIP  ON  THE  DEFENDANT,  HIS OR HER IMMEDIATE FAMILY, OR ANY OTHER
 PERSON WHO IS DEPENDENT ON SUCH DEFENDANT FOR FINANCIAL SUPPORT; OR
   (B) AFTER CONSIDERING THE GOAL OF PROMOTING SUCCESSFUL AND  PRODUCTIVE
 REENTRY  AND  REINTEGRATION  AS  SET FORTH IN SUBDIVISION SIX OF SECTION
 1.05 OF THE PENAL LAW, THE IMPOSITION OF SUCH  SURCHARGE  OR  FEE  WOULD
 ADVERSELY IMPACT THE DEFENDANT'S REINTEGRATION INTO SOCIETY; OR
   (C) THE INTERESTS OF JUSTICE.
   § 2. Subdivision 3 of section 420.30 of the criminal procedure law, as
 amended  by  section  5  of part F of chapter 56 of the laws of 2004, is
 amended to read as follows:
   3. Restrictions. [In] EXCEPT AS PROVIDED FOR IN SUBDIVISION  TWO-A  OF
 SECTION 420.35 OF THIS ARTICLE, IN no event shall a mandatory surcharge,
 sex  offender registration fee, DNA databank fee or crime victim assist-
 ance fee be remitted [provided, however, that  a  court  may  waive  the
 crime  victim  assistance  fee if such defendant is an eligible youth as
 defined in subdivision two of section 720.10 of this  chapter,  and  the
 imposition  of  such  fee  would  work  an  unreasonable hardship on the
 defendant, his or her immediate family,  or  any  other  person  who  is
 dependent on such defendant for financial support].
   § 3. Subdivision 10 of section 60.35 of the penal law is REPEALED.
   § 4. Subdivision 3 of section 60.02 of the penal law is REPEALED.
   § 5. This act shall take effect immediately.