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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jan 05, 2022 |
referred to codes |
| Sep 27, 2021 |
print number 2348b |
| Sep 27, 2021 |
amend (t) and recommit to codes |
| May 17, 2021 |
print number 2348a |
| May 17, 2021 |
amend (t) and recommit to codes |
| Jan 14, 2021 |
referred to codes |
Assembly Bill A2348B
2021-2022 Legislative Session
Eliminates court surcharges and fees; repealer
download bill text pdfSponsored By
NIOU
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Charles Barron
Rebecca Seawright
Jo Anne Simon
Richard Gottfried
Phil Steck
Carmen De La Rosa
Mathylde Frontus
Harvey Epstein
Linda Rosenthal
Kenny Burgos
Phara Souffrant Forrest
Karines Reyes
Zohran Mamdani
Dan Quart
Catalina Cruz
Jessica Gonzalez-Rojas
Jeffrion Aubry
Chantel Jackson
Chris Burdick
Emily Gallagher
Marcela Mitaynes
2021-A2348 - Details
- See Senate Version of this Bill:
- S3979
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§60.02 & 80.05, add §80.20, rpld §60.35, Pen L; amd §§503, 235, 1203-g & 1800, add §1811, rpld §§1809 - 1809-e, V & T L; rpld §71-0213, En Con L; amd §1101, CPLR; amd §§259-i, 837-i & 259-j, rpld §837-j, rpld & add §257-c, Exec L; amd §27.12, rpld §27.12 sub 5, Pks & Rec L; amd §4-411, Vil L; amd §99-n, St Fin L; amd §§154 & 205, rpld §201 sub 9, Cor L; amd §§420.10, 420.30 & 430.20, add §420.11, rpld §420.10 subs 3 & 4, §420.35, §430.20 sub 5, §420.30 sub 3, CP L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
A11083
2023-2024: A4183, S313
2021-A2348 - Summary
Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B)
2021-A2348 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2348
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. NIOU, BARRON, SEAWRIGHT, SIMON, GOTTFRIED, STECK,
DE LA ROSA, FRONTUS -- read once and referred to the Committee on
Codes
AN ACT to amend the civil practice law and rules, the executive law, the
vehicle and traffic law, the village law and the state finance law, in
relation to eliminating court surcharges and fees; and to repeal
certain provisions of the penal law, the vehicle and traffic law, the
parks, recreation and historic preservation law, the executive law and
the environmental conservation law relating thereto (Part A); to amend
the penal law and the vehicle and traffic law, in relation to prohib-
iting mandatory minimum fines for penal law and vehicle and traffic
offenses (Part B); to amend the penal law and the vehicle and traffic
law, in relation to mandating that courts engage in an individualized
assessment of a person's financial ability to pay a fine prior to
imposing a fine (Part C); to amend the criminal procedure law, in
relation to eliminating the availability of incarceration as a remedy
for a failure to pay a fine, surcharge or fee, lifting and vacating
all existing warrants issued solely based on a person's failure to
timely pay a fine, surcharge or fee and ending all existing sentences
of incarceration based on such failure; and to repeal certain
provisions of the criminal procedure law relating thereto (Part D); in
relation to vacating all existing unsatisfied civil judgments entered
solely based on a person's failure to timely pay a surcharge or fee
and to repeal certain provisions of the criminal procedure law relat-
ing thereto (Part E); to amend the criminal procedure law, in relation
to prohibiting the collection of a fine, restitution or reparation
from the funds of an incarcerated person; and to amend the correction
law, in relation to prohibiting the payment of court fines, mandatory
surcharges, certain fees, restitution, reparation or forfeitures from
the earnings of prisoners (Part F); to amend the correction law, in
relation to eliminating the requirement that a parolee or releasee
receiving a merit termination of sentence be financially able to
comply with an order of restitution; and to amend the executive law,
in relation to eliminating the requirement that a person receiving a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02794-01-1
A. 2348 2
discharge of sentence be financially able to comply with an order of
restitution and the payment of certain surcharges or fees (Part G);
and in relation to vacating all existing unpaid surcharges, DNA data-
bank fees, crime victim assistance fees, sexual offender registration
fees, or supplemental sex offender victim fees; and to repeal subdivi-
sion 3 of section 420.30 of the criminal procedure law relating to
restrictions on remitting such fees (Part H)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
relating to ending the unfair financial burdens imposed on defendants in
criminal, vehicle and traffic, or other types of criminal or quasi-cri-
minal matters by the existence of mandatory court surcharges and fees
and mandatory minimum fines. This act further enacts into law procedures
by which courts would be required to engage in an individualized assess-
ment of a person's financial ability to pay a fine prior to imposing a
fine, eliminates the availability of incarceration as a remedy for a
failure to pay a fine, and vacates all existing warrants or unsatisfied
civil judgments issued solely based on a person's failure to timely pay
a fine, surcharge, or fee. Each component is wholly contained within a
Part identified as Parts A through H. The effective date for each
particular provision contained within such Part is set forth in the last
section of such Part. Any provision in any section contained within a
Part, including the effective date of the Part, which makes reference to
a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section four of this act sets
forth the general effective date of this act.
§ 2. Legislative intent. The legislative intent of this act is to end
the inequitable financial burdens placed on defendants by the previously
enacted statutory provisions which have authorized or mandated the impo-
sition of surcharges, fees, and/or mandatory minimum fines, which have
had a disparate impact on poor defendants, people of color, and those
who lack access to the significant financial resources necessary in
order to satisfy the imposition of surcharges, fees, and fines, and
which have also contributed to mass incarceration in New York state. The
legislative intent is also to end New York's regressive reliance on
generating governmental revenue by imposing surcharges, fees, and fines
on those least able to pay.
PART A
Section 1. Section 60.35 of the penal law is REPEALED.
§ 2. Section 1809 of the vehicle and traffic law is REPEALED.
§ 3. Section 1809-a of the vehicle and traffic law is REPEALED.
§ 4. Section 1809-aa of the vehicle and traffic law is REPEALED.
§ 5. Section 1809-b of the vehicle and traffic law is REPEALED.
§ 6. Section 1809-c of the vehicle and traffic law is REPEALED.
§ 7. Section 1809-d of the vehicle and traffic law is REPEALED.
§ 8. Section 1809-e of the vehicle and traffic law is REPEALED.
§ 9. Section 71-0213 of the environmental conservation law is
REPEALED.
A. 2348 3
§ 10. Subdivision (f) of section 1101 of the civil practice law and
rules, as added by section 1 of part D of chapter 412 of the laws of
1999, subparagraph (i) of paragraph 1 and paragraph 3 as amended by
section 51 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
(f) Fees for inmates. 1. Notwithstanding any other provision of law to
the contrary, a federal, state or local inmate under sentence for
conviction of a crime may seek to commence his or her action or proceed-
ing by paying a reduced filing fee as provided in paragraph two of this
subdivision. Such inmate shall file the form affidavit referred to in
subdivision (d) of this section along with the summons and complaint or
summons with notice or third-party summons and complaint or petition or
notice of petition or order to show cause. As part of such application,
the inmate shall indicate the name and mailing address of the facility
at which he or she is confined along with the name and mailing address
of any other federal, state or local facility at which he or she was
confined during the preceding six month period. The case will be given
an index number if applicable, or, in courts other than the supreme or
county courts, any necessary filing number and the application will be
submitted to a judge of the court. Upon receipt of the application, the
court shall obtain from the appropriate official of the facility at
which the inmate is confined a certified copy of the inmate's trust fund
account statement (or institutional equivalent) for the six month period
preceding filing of the inmate's application. If the inmate has been
confined for less than six months at such facility, the court shall
obtain additional information as follows:
(i) in the case of a state inmate who has been transferred from anoth-
er state correctional facility, the court shall obtain a trust fund
account statement for the six month period from the central office of
the department of corrections and community supervision in Albany; or
(ii) in the case of a state inmate who is newly transferred from a
federal or local correctional facility, the court shall obtain any trust
fund account statement currently available from such facility. The court
may, in its discretion, seek further information from the prior or
current facility.
2. If the court determines that the inmate has insufficient means to
pay the full filing fee, the court may permit the inmate to pay a
reduced filing fee, the minimum of which shall not be less than fifteen
dollars and the maximum of which shall not be more than fifty dollars.
The court shall require an initial payment of such portion of the
reduced filing fee as the inmate can reasonably afford or shall author-
ize no initial payment of the fee if exceptional circumstances render
the inmate unable to pay any fee; provided however, that the difference
between the amount of the reduced filing fee and the amount paid by the
inmate in the initial partial payment shall be assessed against the
inmate as an outstanding obligation to be collected either by the super-
intendent or the municipal official of the facility at which the inmate
is confined, as the case may be[, in the same manner that mandatory
surcharges are collected as provided for in subdivision five of section
60.35 of the penal law]. The court shall notify the superintendent or
the municipal official of the facility where the inmate is housed of the
amount of the reduced filing fee that was not directed to be paid by the
inmate. Thereafter, the superintendent or the municipal official shall
forward to the court any fee obligations that have been collected,
provided however, that:
A. 2348 4
(i) in no event shall the filing fee collected exceed the amount of
fees required for the commencement of an action or proceeding; and
(ii) in no event shall an inmate be prohibited from proceeding for the
reason that the inmate has no assets and no means by which to pay the
initial partial filing fee.
3. The institution at which an inmate is confined, or the central
office for the department of corrections and community supervision,
whichever is applicable, shall promptly provide the trust fund account
statement to the inmate as required by this subdivision.
4. Whenever any federal, state or local inmate obtains a judgment in
connection with any action or proceeding which exceeds the amount of the
filing fee, paid in accordance with the provisions of this subdivision
for commencing such action or proceeding, the court shall award to the
prevailing inmate, as a taxable disbursement, the actual amount of any
fee paid to commence the action or proceeding.
5. The provisions of this subdivision shall not apply to a proceeding
commenced pursuant to article seventy-eight of this chapter which
alleges a failure to correctly award or certify jail time credit due an
inmate, in violation of section six hundred-a of the correction law and
section 70.30 of the penal law.
§ 11. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by section 38-f-1 of subpart A of part C of chapter 62
of the laws of 2011, is amended to read as follows:
(a) (i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which an inmate may be paroled
pursuant to subdivision one of section 70.40 of the penal law, a member
or members as determined by the rules of the board shall personally
interview such inmate and determine whether he should be paroled in
accordance with the guidelines adopted pursuant to subdivision four of
section two hundred fifty-nine-c of this article. If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such denial
of parole. Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the procedures to be
followed upon reconsideration shall be the same. If the inmate is
released, he shall be given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order, mandatory surcharge, sex offender
registration fee and DNA databank fee previously imposed by a court of
competent jurisdiction that applies to the parolee. The conditions shall
indicate which restitution collection agency established under subdivi-
sion eight of section 420.10 of the criminal procedure law, shall be
responsible for collection of restitution[, mandatory surcharge, sex
offender registration fees and DNA databank fees as provided for in
section 60.35 of the penal law and section eighteen hundred nine of the
vehicle and traffic law].
(ii) Any inmate who is scheduled for presumptive release pursuant to
section eight hundred six of the correction law shall not appear before
the board as provided in subparagraph (i) of this paragraph unless such
inmate's scheduled presumptive release is forfeited, canceled, or
rescinded subsequently as provided in such law. In such event, the
inmate shall appear before the board for release consideration as
provided in subparagraph (i) of this paragraph as soon thereafter as is
practicable.
A. 2348 5
§ 12. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by section 38-f-2 of subpart A of part C of chapter 62
of the laws of 2011, is amended to read as follows:
(a) At least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court or board, a member or
members as determined by the rules of the board shall personally inter-
view an inmate serving an indeterminate sentence and determine whether
he should be paroled at the expiration of the minimum period or periods
in accordance with the procedures adopted pursuant to subdivision four
of section two hundred fifty-nine-c OF THIS ARTICLE. If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such denial
of parole. Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the procedures to be
followed upon reconsideration shall be the same. If the inmate is
released, he shall be given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order and mandatory surcharge previously
imposed by a court of competent jurisdiction that applies to the paro-
lee. The conditions shall indicate which restitution collection agency
established under subdivision eight of section 420.10 of the criminal
procedure law, shall be responsible for collection of restitution [and
mandatory surcharge as provided for in section 60.35 of the penal law
and section eighteen hundred nine of the vehicle and traffic law].
§ 13. Subdivision 5 of section 27.12 of the parks, recreation and
historic preservation law is REPEALED and subdivision 6 is renumbered
subdivision 5.
§ 14. Subdivision 4 of section 60.02 of the penal law is renumbered
subdivision 3.
§ 15. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section
503 of the vehicle and traffic law, as amended by section 3 of part PP
of chapter 59 of the laws of 2009, is amended to read as follows:
(i) When a license issued pursuant to this article, or a privilege of
operating a motor vehicle or of obtaining such a license, has been
suspended based upon a failure to answer an appearance ticket or a
summons or failure to pay a fine, penalty or mandatory surcharge, pursu-
ant to subdivision three of section two hundred twenty-six, subdivision
four of section two hundred twenty-seven, OR subdivision four-a of
section five hundred ten [or subdivision five-a of section eighteen
hundred nine] of this chapter, such suspension shall remain in effect
until a termination of a suspension fee of seventy dollars is paid to
the court or tribunal that initiated the suspension of such license or
privilege. In no event may the aggregate of the fees imposed by an indi-
vidual court pursuant to this paragraph for the termination of all
suspensions that may be terminated as a result of a person's answers,
appearances or payments made in such cases pending before such individ-
ual court exceed four hundred dollars. For the purposes of this para-
graph, the various locations of the administrative tribunal established
under article two-A of this chapter shall be considered an individual
court.
§ 16. Section 4-411 of the village law, as amended by section 12 of
part F of chapter 62 of the laws of 2003, is amended to read as follows:
§ 4-411 Disposition of fines and penalties. Except as otherwise
provided by law, all fines and penalties imposed for the violation of a
village local law, ordinance or regulation shall be the property of the
A. 2348 6
village, whether or not the village has established the office of
village justice. [Nothing in this section shall be deemed to affect the
disposition of mandatory surcharges, sex offender registration fees, DNA
databank fees or crime victim assistance fees as provided by section
60.35 of the penal law, or of mandatory surcharges as provided by
section eighteen hundred nine of the vehicle and traffic law, or of
fines, penalties and forfeitures as provided by section eighteen hundred
three of the vehicle and traffic law relating to traffic offenses.]
§ 17. Subdivision 2 of section 837-i of the executive law, as added by
chapter 166 of the laws of 1991, is amended to read as follows:
2. The commissioner in consultation with the chief executive officers
of cities with a population in excess of one hundred thousand persons
according to the nineteen hundred eighty United States census shall
establish a system to record and monitor the issuance and disposition of
parking tickets[, to monitor the collection of the mandatory surcharge
required by section eighteen hundred nine-a of the vehicle and traffic
law] and to receive information from cities for this purpose. Each such
city shall report on such parking violations on a monthly basis in the
form and manner prescribed by the commissioner including, but not limit-
ed to, the parking tickets issued, the dispositions of such tickets and
the amount of fines[,] AND penalties [and mandatory surcharges]
collected. The commissioner shall collect, process and analyze such
information and present periodic reports on the parking violations
enforcement and disposition program.
§ 18. Section 837-j of the executive law is REPEALED.
§ 19. Subdivision 1 of section 837-i of the executive law, as added by
chapter 166 of the laws of 1991, is amended to read as follows:
1. The commissioner, in cooperation with the commissioner of the
department of motor vehicles, and in consultation with the chief execu-
tive officers of cities with a population in excess of one hundred thou-
sand persons according to the nineteen hundred eighty United States
census shall prescribe the form and content of uniform parking tickets
for such cities in all cases involving a parking, standing or stopping
violation as defined in accordance with the vehicle and traffic law,
hereinafter referred to as parking violations, or of any local law,
ordinance, rule or regulation adopted pursuant to the vehicle and traf-
fic law relating to parking violations. [Upon written application of the
chief executive officer of any such city, the commissioner, after
consultation with the commissioner of the department of motor vehicles,
may authorize the use of a parking ticket other than the uniform parking
ticket prescribed pursuant to this section if he or she determines that
use of such other parking ticket is not inconsistent with, and will not
diminish the effectiveness of, the parking violations enforcement and
disposition program established pursuant to section eight hundred thir-
ty-seven-j of this chapter, and may also authorize for a specified time
period the use of a parking ticket which was used by such city on or
before the effective date of this section.]
§ 20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of
section 235 of the vehicle and traffic law, as amended by section 18 of
part J of chapter 62 of the laws of 2003, is amended to read as follows:
(E) that submission of a plea of guilty to the parking violation makes
the owner liable for payment of the stated fine and additional penalties
imposed pursuant to paragraph b of this subdivision [and the mandatory
surcharge of fifteen dollars imposed upon parking violations pursuant to
section eighteen hundred nine-a of this chapter].
A. 2348 7
§ 21. Subdivision 4 of section 1203-g of the vehicle and traffic law,
as added by chapter 497 of the laws of 1999, is amended to read as
follows:
4. Every county and the city of New York that establishes a hand-
icapped parking education program shall establish a separate handicapped
parking education fund in the custody of the chief fiscal officer of
each such county or city, by April first, two thousand[, which shall
consist of moneys granted to such county or city pursuant to section
eighteen hundred nine-b of this chapter]. No provision of law shall be
deemed to preclude a county or the city of New York from receiving funds
[from other sources] to be deposited in the handicapped parking educa-
tion fund, provided such funds are used in a manner and for purposes
consistent with this section. The moneys of such fund shall be disbursed
to provide education, advocacy and increased awareness of handicapped
parking laws and may be used to execute contracts with private organiza-
tions for such purposes. Such contracts shall be awarded upon compet-
itive bids after the issuance of requests for proposal.
§ 22. Subdivision 2 of section 99-n of the state finance law, as added
by chapter 223 of the laws of 2005, is amended to read as follows:
2. The fund shall consist of all monies appropriated for its
purpose[,] AND all monies required by this section or any other
provision of law to be paid into or credited to such fund[, collected by
the mandatory surcharges imposed pursuant to subdivision one of section
eighteen hundred nine-d of the vehicle and traffic law]. Nothing
contained in this section shall prevent the department of motor vehicles
from receiving grants or other appropriations for the purposes of the
fund as defined in this section and depositing them into the fund
according to law.
§ 23. This act shall take effect immediately; provided however that
the amendments to subdivision (f) of section 1101 of the civil practice
law and rules made by section ten of this act shall not affect the expi-
ration of such section and shall be deemed to expire therewith; provided
further, however, that the amendments to paragraph (a) of subdivision 2
of section 259-i of the executive law made by section eleven of this act
shall be subject to the expiration and reversion of such paragraph
pursuant to subdivision d of section 74 of chapter 3 of the laws of
1995, as amended, when upon such date the provisions of section twelve
of this act shall take effect; and provided further however that the
amendments to clause (E) of subparagraph 2 of paragraph a of subdivision
2 of section 235 of the vehicle and traffic law made by section twenty
of this act shall not affect the expiration of such section and shall
expire therewith.
PART B
Section 1. The penal law is amended by adding a new section 80.20 to
read as follows:
§ 80.20 MANDATORY MINIMUM FINES PROHIBITED.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE SHALL CARRY A
MANDATORY MINIMUM FINE.
§ 2. Section 1800 of the vehicle and traffic law is amended by adding
a new subdivision (j) to read as follows:
(J) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE DESCRIBED
IN THIS CHAPTER SHALL CARRY A MANDATORY MINIMUM FINE.
§ 3. This act shall take effect immediately.
A. 2348 8
PART C
Section 1. Section 80.05 of the penal law is amended by adding a new
subdivision 7 to to read as follows:
7. INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSUANT TO THE
PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE PROFIT GAINED
BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPOR-
TIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY
VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES, INCLUDING THE
DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMME-
DIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLI-
GATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE COURT SHALL
ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO
CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES.
§ 2. The vehicle and traffic law is amended by adding a new section
1811 to read as follows:
§ 1811. FINES; INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSU-
ANT TO THE PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE
PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE
IS DISPROPORTIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE
IMPACT ON ANY VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES,
INCLUDING THE DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON
HIS OR HER IMMEDIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT
OWES AN OBLIGATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE
COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE
TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES.
§ 3. This act shall take effect immediately.
PART D
Section 1. Subdivisions 3 and 4 of section 420.10 of the criminal
procedure law are REPEALED.
§ 2. Section 420.35 of the criminal procedure law is REPEALED.
§ 3. Subdivision 5 of section 420.10 of the criminal procedure law, as
separately amended by chapters 233 and 506 of the laws of 1985, the
second undesignated paragraph as amended by chapter 618 of the laws of
1992, is amended to read as follows:
5. Application for resentence. In any case where the defendant is
unable to pay a fine, restitution or reparation imposed by the court, he
may at any time apply to the court for resentence. In such case, if the
court is satisfied that the defendant is unable to pay the fine, resti-
tution or reparation it must:
(a) Adjust the terms of payment; or
(b) Lower the amount of the fine, restitution or reparation TO AN
AMOUNT THE DEFENDANT IS ABLE TO PAY, OR REVOKE IT ENTIRELY FROM THE
SENTENCE IF THE DEFENDANT HAS NO ABILITY TO PAY; or
(c) [Where the sentence consists of probation or imprisonment and a
fine, restitution or reparation, revoke the portion of the sentence
imposing the fine, restitution or reparation; or
(d)] Revoke the entire sentence imposed and resentence the defendant.
Upon such resentence the court may impose any sentence it originally
could have imposed, except that the amount of any fine, restitution or
reparation imposed may not be in excess of the amount the defendant is
able to pay AND THAT THE COURT MAY NOT SENTENCE THE DEFENDANT TO ANY
TERM OF IMPRISONMENT, PROBATION, OR POST-RELEASE SUPERVISION IN EXCESS
OF ANY SUCH TERM IMPOSED BY THE ORIGINAL SENTENCE.
A. 2348 9
In any case where the defendant applies for resentencing with respect
to any condition of the sentence relating to restitution or reparation
the court must order that notice of such application and a reasonable
opportunity to be heard be given to the person or persons given notice
pursuant to subdivision one of this section. If the court grants the
defendant's application by changing the original order for restitution
or reparation in any manner, the court must place the reasons therefor
on the record.
[For the purposes of this subdivision, the court shall not determine
that the defendant is unable to pay the fine, restitution or reparation
ordered solely because of such defendant's incarceration but shall
consider all the defendant's sources of income including, but not limit-
ed to, moneys in the possession of an inmate at the time of his admis-
sion into such facility, funds earned by him in a work release program
as defined in subdivision four of section one hundred fifty of the
correction law, funds earned by him as provided for in section one
hundred eighty-seven of the correction law and any other funds received
by him or on his behalf and deposited with the superintendent or the
municipal official of the facility where the person is confined.] IN
DETERMINING WHETHER AN INCARCERATED DEFENDANT IS ABLE TO PAY A FINE,
RESTITUTION, OR REPARATION, THE COURT SHALL NOT CONSIDER INCOME EARNED
PURSUANT TO SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE
CORRECTION LAW, INCOME EARNED PURSUANT TO SECTION ONE HUNDRED EIGHTY-
SEVEN OF THE CORRECTION LAW, OR FUNDS RECEIVED BY THE DEFENDANT OR ON
THE DEFENDANT'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE
MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED.
§ 4. Subdivision 1 of section 420.30 of the criminal procedure law, as
amended by chapter 3 of the laws of 1995, is amended to read as follows:
1. Applicability. The procedure specified in this section governs
remission of fines, restitution or reparation [in all cases not covered
by subdivision four of section 420.10].
§ 5. The criminal procedure law is amended by adding a new section
420.11 to read as follows:
§ 420.11 WARRANTS AND SENTENCES OF INCARCERATION; EFFECTIVENESS.
1. ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF
THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35
OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON THE PART OF A
DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE SET FOR THE
SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE,
DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRA-
TION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE, ARE DEEMED TO BE
NULL AND VOID.
2. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER
STATE OR MUNICIPAL AGENCIES AS NECESSARY, SHALL ESTABLISH PROCEDURES TO
FORMALLY RESCIND ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION
420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFEC-
TIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF
SECTION 420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON
THE PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE
SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION,
SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFEN-
A. 2348 10
DER REGISTRATION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH
PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY
DEFENDANT SUBJECT TO ANY SUCH WARRANT. SUCH PROCEDURES SHALL BE
DESIGNED AND IMPLEMENTED SO AS TO ACCOMPLISH THE RESCINDING OF ALL SUCH
WARRANTS WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
3. ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION, SUBDIVISION FIVE OF SECTION 420.10 OF
THIS ARTICLE, OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE ALLEGED
FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, OR TIMELY APPEAR ON A
COURT DATE SCHEDULED FOR THE PURPOSES OF PAYMENT OF, A FINE, RESTITU-
TION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE
FEE, SEXUAL OFFENDER REGISTRATION FEE, OR SUPPLEMENTAL SEX OFFENDER
VICTIM FEE ARE DEEMED TO BE NULL AND VOID AND ANY PERSON SERVING SUCH A
SENTENCE SHALL BE RELEASED FROM CUSTODY IMMEDIATELY.
4. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER
STATE OR MUNICIPAL AGENCIES AS IS NECESSARY, SHALL ESTABLISH PROCEDURES
TO FORMALLY RESCIND ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION
THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR SECTION 420.35 OF THIS
ARTICLE AS SUCH SECTION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION BASED SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT
TO TIMELY PAY A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK
FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR
SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH PROCEDURES SHALL NOT REQUIRE
ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH
SENTENCE.
§ 6. Subdivision 1 of section 430.20 of the criminal procedure law, as
amended by chapter 788 of the laws of 1971, is amended to read as
follows:
1. In general. When a sentence of imprisonment is pronounced, or [when
th sentence consists of a fine and the court has directed that the
defendant be imprisoned until it is satisfied,] the defendant must
forthwith be committed to the custody of the appropriate public servant
and detained until the sentence is complied with.
§ 7. Subdivision 5 of section 430.20 of the criminal procedure law is
REPEALED.
§ 8. This act shall take effect immediately.
PART E
Section 1. All unsatisfied civil judgments issued prior to the effec-
tive date of this act pursuant to the provisions of subdivision 5 of
section 420.40 of the criminal procedure law solely based on the alleged
failure on the part of a defendant to timely pay, and/or to appear on a
court date set for the sole purpose of payment of a surcharge, DNA data-
bank fee, crime victim assistance fee, sexual offender registration fee,
or supplemental sex offender victim fee are deemed to be null and void
and, for all legal purposes, vacated and discharged.
§ 2. The office of court administration, in consultation with such
other state or municipal agencies as necessary, shall establish proce-
dures to formally vacate and discharge all unsatisfied civil judgments
entered prior to the effective date of this act pursuant to the
A. 2348 11
provisions of subdivision 5 of the criminal procedure law section 420.40
solely based on the alleged failure on the part of a defendant to timely
pay, and/or to appear on a court date set for the sole purpose of
payment of, a surcharge, DNA databank fee, crime victim assistance fee,
sexual offender registration fee, or supplemental sex offender victim
fee. Such procedures shall not require any affirmative actions on the
part of any defendant subject to any such civil judgment. Such proce-
dures shall be designed and implemented so as to accomplish the vacatur
and discharge of all such civil judgments within six months of the
effective date of this act.
§ 3. Subdivision 3 of section 420.30 of the criminal procedure law is
REPEALED.
§ 4. This act shall take effect immediately.
PART F
Section 1. Section 420.10 of the criminal procedure law is amended by
adding a new subdivision 9 to read as follows:
9. IN NO CASE SHALL A FINE, RESTITUTION, OR REPARATION BE COLLECTED
OUT OF THE FUNDS OF A PERSON WHO IS PRESENTLY INCARCERATED, INCLUDING
FUNDS EARNED BY THE PERSON IN A WORK RELEASE PROGRAM AS DEFINED IN
SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE CORRECTION LAW,
FUNDS EARNED BY A PERSON AS PROVIDED FOR IN SECTION ONE HUNDRED EIGHTY-
SEVEN OF THE CORRECTION LAW, AND ANY OTHER FUNDS RECEIVED BY THE PERSON
OR ON THE PERSON'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE
MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED.
§ 2. Section 154 of the correction law, as added by chapter 788 of the
laws of 1968, subdivision 4 as amended by section 3 of part F of chapter
62 of the laws of 2003, is amended to read as follows:
§ 154. Disposition of Earnings. The earnings of a prisoner participat-
ing in a work release program, less any payroll deductions required or
authorized by law, shall be deposited with the department in a trust
fund account. Such earnings shall not be subject to attachment or
garnishment in the hands of the department. The commissioner is author-
ized to provide for disbursements from the trust fund account for any or
all of the following purposes:
1. Such costs incident to the prisoner's confinement as the commis-
sioner deems appropriate and reasonable.
2. Such costs related to the prisoner's work release program as the
commissioner deems appropriate and reasonable.
3. Support of the prisoner's dependents.
[4. Payment of court fines, mandatory surcharge, sex offender regis-
tration fee, DNA databank fee, restitution or reparation, or forfei-
tures.]
The balance of such earnings, if any, after disbursements for any of
the foregoing purposes shall be paid to the prisoner upon termination of
his imprisonment.
§ 3. This act shall take effect immediately.
PART G
Section 1. Subdivision 2 of section 205 of the correction law, as
added by section 32 of subpart A of part C of chapter 62 of the laws of
2011, is amended to read as follows:
2. A merit termination granted by the department under this section
shall constitute a termination of the sentence with respect to which it
A. 2348 12
was granted. No such merit termination shall be granted unless the
department is satisfied that termination of sentence from presumptive
release, parole, conditional release or post-release supervision is in
the best interest of society[, and that the parolee or releasee, other-
wise financially able to comply with an order of restitution and the
payment of any mandatory surcharge previously imposed by a court of
competent jurisdiction, has made a good faith effort to comply there-
with].
§ 2. Subdivisions 1 and 3 of section 259-j of the executive law, as
amended by section 38-g of subpart A of part C of chapter 62 of the laws
of 2011, are amended to read as follows:
1. Except where a determinate sentence was imposed for a felony other
than a felony defined in article two hundred twenty or article two
hundred twenty-one of the penal law, if the board of parole is satisfied
that an absolute discharge from presumptive release, parole, conditional
release or release to a period of post-release supervision is in the
best interests of society, the board may grant such a discharge prior to
the expiration of the full term or maximum term to any person who has
been on unrevoked community supervision for at least three consecutive
years. A discharge granted under this section shall constitute a termi-
nation of the sentence with respect to which it was granted. [No such
discharge shall be granted unless the board is satisfied that the paro-
lee or releasee, otherwise financially able to comply with an order of
restitution and the payment of any mandatory surcharge, sex offender
registration fee or DNA databank fee previously imposed by a court of
competent jurisdiction, has made a good faith effort to comply there-
with.]
3. Notwithstanding any other provision of this section to the contra-
ry, where a term of post-release supervision in excess of five years has
been imposed on a person convicted of a crime defined in article one
hundred thirty of the penal law, including a sexually motivated felony,
the board of parole may grant a discharge from post-release supervision
prior to the expiration of the maximum term of post-release supervision.
Such a discharge may be granted only after the person has served at
least five years of post-release supervision, and only to a person who
has been on unrevoked post-release supervision for at least three
consecutive years. No such discharge shall be granted unless the board
of parole or the department acting pursuant to its responsibility under
subdivision one of section two hundred one of the correction law
consults with any licensed psychologist, qualified psychiatrist, or
other mental health professional who is providing care or treatment to
the supervisee; and the board[: (a)] determines that a discharge from
post-release supervision is in the best interests of society[; and (b)
is satisfied that the supervisee, otherwise financially able to comply
with an order of restitution and the payment of any mandatory surcharge,
sex offender registration fee, or DNA data bank fee previously imposed
by a court of competent jurisdiction, has made a good faith effort to
comply therewith]. Before making a determination to discharge a person
from a period of post-release supervision, the board of parole may
request that the commissioner of the office of mental health arrange a
psychiatric evaluation of the supervisee. A discharge granted under this
section shall constitute a termination of the sentence with respect to
which it was granted.
§ 3. This act shall take effect immediately.
PART H
A. 2348 13
Section 1. All orders issued prior to the effective date of this act
directing payment by a defendant of a surcharge, DNA databank fee, crime
victim assistance fee, sexual offender registration fee, or supplemental
sex offender victim fee are deemed to be null and void and, such orders
are for all legal purposes, vacated and discharged. Pursuant to this
section, any existing encumbrances on commissary accounts or similar
accounts held by a correctional facility, jail, or detention facility
shall be lifted and deemed null and void.
§ 2. This act shall take effect immediately.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through H of this act shall be
as specifically set forth in the last section of such Parts.
co-Sponsors
Charles Barron
Rebecca Seawright
Jo Anne Simon
Richard Gottfried
Phil Steck
Carmen De La Rosa
Mathylde Frontus
Harvey Epstein
Linda Rosenthal
Kenny Burgos
Phara Souffrant Forrest
Karines Reyes
Zohran Mamdani
Dan Quart
Catalina Cruz
Jessica Gonzalez-Rojas
Jeffrion Aubry
Chantel Jackson
Chris Burdick
Emily Gallagher
Marcela Mitaynes
Nathalia Fernandez
Charles Lavine
Anna Kelles
2021-A2348A - Details
- See Senate Version of this Bill:
- S3979
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§60.02 & 80.05, add §80.20, rpld §60.35, Pen L; amd §§503, 235, 1203-g & 1800, add §1811, rpld §§1809 - 1809-e, V & T L; rpld §71-0213, En Con L; amd §1101, CPLR; amd §§259-i, 837-i & 259-j, rpld §837-j, rpld & add §257-c, Exec L; amd §27.12, rpld §27.12 sub 5, Pks & Rec L; amd §4-411, Vil L; amd §99-n, St Fin L; amd §§154 & 205, rpld §201 sub 9, Cor L; amd §§420.10, 420.30 & 430.20, add §420.11, rpld §420.10 subs 3 & 4, §420.35, §430.20 sub 5, §420.30 sub 3, CP L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
A11083
2023-2024: A4183, S313
2021-A2348A - Summary
Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B)
2021-A2348A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2348--A
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. NIOU, BARRON, SEAWRIGHT, SIMON, GOTTFRIED, STECK,
DE LA ROSA, FRONTUS, EPSTEIN, L. ROSENTHAL, BURGOS, FORREST, REYES,
MAMDANI, QUART, CRUZ, GONZALEZ-ROJAS, AUBRY, JACKSON, BURDICK,
GALLAGHER, MITAYNES -- read once and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the civil practice law and rules, the correction law,
the executive law, the vehicle and traffic law, the village law and
the state finance law, in relation to eliminating certain surcharges
and fees; to amend the correction law, in relation to eliminating the
requirement that a parolee or releasee receiving a merit termination
of sentence be financially able to comply with an order of restitu-
tion; to amend the executive law, in relation to eliminating the
requirement that a person receiving a discharge of sentence be finan-
cially able to comply with an order of restitution and the payment of
certain surcharges or fees; and to repeal certain provisions of the
penal law, the vehicle and traffic law, the parks, recreation and
historic preservation law, the executive law, the environmental
conservation law and the correction law relating thereto (Part A); to
amend the penal law and the vehicle and traffic law, in relation to
prohibiting mandatory minimum fines for penal law and vehicle and
traffic offenses (Part B); to amend the penal law and the vehicle and
traffic law, in relation to mandating that courts engage in an indi-
vidualized assessment of a person's financial ability to pay a fine
prior to imposing a fine (Part C); to amend the criminal procedure
law, in relation to eliminating the availability of incarceration as a
remedy for a failure to pay a fine, surcharge or fee, lifting and
vacating all existing warrants issued solely based on a person's fail-
ure to timely pay a fine, surcharge or fee and ending all existing
sentences of incarceration based on such failure; and to repeal
certain provisions of the criminal procedure law relating thereto
(Part D); in relation to vacating all existing unsatisfied civil judg-
ments entered solely based on a person's failure to timely pay a
surcharge or fee and to repeal certain provisions of the criminal
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02794-04-1
A. 2348--A 2
procedure law relating thereto (Part E); to amend the criminal proce-
dure law, in relation to prohibiting the collection of a fine, resti-
tution or reparation from the funds of an incarcerated person; and to
amend the correction law, in relation to prohibiting the payment of
court fines, mandatory surcharges, certain fees, restitution, repara-
tion or forfeitures from the earnings of prisoners (Part F); and in
relation to vacating all existing unpaid surcharges, DNA databank
fees, crime victim assistance fees, sexual offender registration fees,
supplemental sex offender victim fees, probation supervision fees or
parole supervision fees; and to repeal subdivision 3 of section 420.30
of the criminal procedure law relating to restrictions on remitting
such fees (Part G)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
relating to ending the unfair financial burdens imposed on defendants in
criminal, vehicle and traffic, or other types of criminal or quasi-cri-
minal matters by the existence of mandatory court surcharges and fees,
mandatory minimum fines and mandatory probation or parole fees. This
act further enacts into law procedures by which courts would be required
to engage in an individualized assessment of a person's financial abili-
ty to pay a fine prior to imposing a fine, eliminates the availability
of incarceration as a remedy for a failure to pay a fine, and vacates
all existing warrants or unsatisfied civil judgments issued solely based
on a person's failure to timely pay a fine, surcharge, or fee. Each
component is wholly contained within a Part identified as Parts A
through G. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes reference to a section "of this act",
when used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Part in which it
is found. Section four of this act sets forth the general effective
date of this act.
§ 2. Legislative intent. The legislative intent of this act is to end
the inequitable financial burdens placed on defendants by the previously
enacted statutory provisions which have authorized or mandated the impo-
sition of surcharges, fees, and/or mandatory minimum fines, which have
had a disparate impact on poor defendants, people of color, and those
who lack access to the significant financial resources necessary in
order to satisfy the imposition of surcharges, fees, and fines, and
which have also contributed to mass incarceration in New York state. The
legislative intent is also to end New York's regressive reliance on
generating governmental revenue by imposing surcharges, fees, and fines
on those least able to pay.
PART A
Section 1. Section 60.35 of the penal law is REPEALED.
§ 2. Section 1809 of the vehicle and traffic law is REPEALED.
§ 3. Section 1809-a of the vehicle and traffic law is REPEALED.
§ 4. Section 1809-aa of the vehicle and traffic law is REPEALED.
§ 5. Section 1809-b of the vehicle and traffic law is REPEALED.
A. 2348--A 3
§ 6. Section 1809-c of the vehicle and traffic law is REPEALED.
§ 7. Section 1809-d of the vehicle and traffic law is REPEALED.
§ 8. Section 1809-e of the vehicle and traffic law is REPEALED.
§ 9. Section 71-0213 of the environmental conservation law is
REPEALED.
§ 10. Subdivision (f) of section 1101 of the civil practice law and
rules, as added by section 1 of part D of chapter 412 of the laws of
1999, subparagraph (i) of paragraph 1 and paragraph 3 as amended by
section 51 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
(f) Fees for inmates. 1. Notwithstanding any other provision of law to
the contrary, a federal, state or local inmate under sentence for
conviction of a crime may seek to commence his or her action or proceed-
ing by paying a reduced filing fee as provided in paragraph two of this
subdivision. Such inmate shall file the form affidavit referred to in
subdivision (d) of this section along with the summons and complaint or
summons with notice or third-party summons and complaint or petition or
notice of petition or order to show cause. As part of such application,
the inmate shall indicate the name and mailing address of the facility
at which he or she is confined along with the name and mailing address
of any other federal, state or local facility at which he or she was
confined during the preceding six month period. The case will be given
an index number if applicable, or, in courts other than the supreme or
county courts, any necessary filing number and the application will be
submitted to a judge of the court. Upon receipt of the application, the
court shall obtain from the appropriate official of the facility at
which the inmate is confined a certified copy of the inmate's trust fund
account statement (or institutional equivalent) for the six month period
preceding filing of the inmate's application. If the inmate has been
confined for less than six months at such facility, the court shall
obtain additional information as follows:
(i) in the case of a state inmate who has been transferred from anoth-
er state correctional facility, the court shall obtain a trust fund
account statement for the six month period from the central office of
the department of corrections and community supervision in Albany; or
(ii) in the case of a state inmate who is newly transferred from a
federal or local correctional facility, the court shall obtain any trust
fund account statement currently available from such facility. The court
may, in its discretion, seek further information from the prior or
current facility.
2. If the court determines that the inmate has insufficient means to
pay the full filing fee, the court may permit the inmate to pay a
reduced filing fee, the minimum of which shall not be less than fifteen
dollars and the maximum of which shall not be more than fifty dollars.
The court shall require an initial payment of such portion of the
reduced filing fee as the inmate can reasonably afford or shall author-
ize no initial payment of the fee if exceptional circumstances render
the inmate unable to pay any fee; provided however, that the difference
between the amount of the reduced filing fee and the amount paid by the
inmate in the initial partial payment shall be assessed against the
inmate as an outstanding obligation to be collected either by the super-
intendent or the municipal official of the facility at which the inmate
is confined, as the case may be[, in the same manner that mandatory
surcharges are collected as provided for in subdivision five of section
60.35 of the penal law]. The court shall notify the superintendent or
the municipal official of the facility where the inmate is housed of the
A. 2348--A 4
amount of the reduced filing fee that was not directed to be paid by the
inmate. Thereafter, the superintendent or the municipal official shall
forward to the court any fee obligations that have been collected,
provided however, that:
(i) in no event shall the filing fee collected exceed the amount of
fees required for the commencement of an action or proceeding; and
(ii) in no event shall an inmate be prohibited from proceeding for the
reason that the inmate has no assets and no means by which to pay the
initial partial filing fee.
3. The institution at which an inmate is confined, or the central
office for the department of corrections and community supervision,
whichever is applicable, shall promptly provide the trust fund account
statement to the inmate as required by this subdivision.
4. Whenever any federal, state or local inmate obtains a judgment in
connection with any action or proceeding which exceeds the amount of the
filing fee, paid in accordance with the provisions of this subdivision
for commencing such action or proceeding, the court shall award to the
prevailing inmate, as a taxable disbursement, the actual amount of any
fee paid to commence the action or proceeding.
5. The provisions of this subdivision shall not apply to a proceeding
commenced pursuant to article seventy-eight of this chapter which
alleges a failure to correctly award or certify jail time credit due an
inmate, in violation of section six hundred-a of the correction law and
section 70.30 of the penal law.
§ 11. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by section 38-f-1 of subpart A of part C of chapter 62
of the laws of 2011, is amended to read as follows:
(a) (i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which an inmate may be paroled
pursuant to subdivision one of section 70.40 of the penal law, a member
or members as determined by the rules of the board shall personally
interview such inmate and determine whether he should be paroled in
accordance with the guidelines adopted pursuant to subdivision four of
section two hundred fifty-nine-c of this article. If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such denial
of parole. Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the procedures to be
followed upon reconsideration shall be the same. If the inmate is
released, he shall be given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order, mandatory surcharge, sex offender
registration fee and DNA databank fee previously imposed by a court of
competent jurisdiction that applies to the parolee. The conditions shall
indicate which restitution collection agency established under subdivi-
sion eight of section 420.10 of the criminal procedure law, shall be
responsible for collection of restitution[, mandatory surcharge, sex
offender registration fees and DNA databank fees as provided for in
section 60.35 of the penal law and section eighteen hundred nine of the
vehicle and traffic law].
(ii) Any inmate who is scheduled for presumptive release pursuant to
section eight hundred six of the correction law shall not appear before
the board as provided in subparagraph (i) of this paragraph unless such
inmate's scheduled presumptive release is forfeited, canceled, or
rescinded subsequently as provided in such law. In such event, the
A. 2348--A 5
inmate shall appear before the board for release consideration as
provided in subparagraph (i) of this paragraph as soon thereafter as is
practicable.
§ 12. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by section 38-f-2 of subpart A of part C of chapter 62
of the laws of 2011, is amended to read as follows:
(a) At least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court or board, a member or
members as determined by the rules of the board shall personally inter-
view an inmate serving an indeterminate sentence and determine whether
he should be paroled at the expiration of the minimum period or periods
in accordance with the procedures adopted pursuant to subdivision four
of section two hundred fifty-nine-c OF THIS ARTICLE. If parole is not
granted upon such review, the inmate shall be informed in writing within
two weeks of such appearance of the factors and reasons for such denial
of parole. Such reasons shall be given in detail and not in conclusory
terms. The board shall specify a date not more than twenty-four months
from such determination for reconsideration, and the procedures to be
followed upon reconsideration shall be the same. If the inmate is
released, he shall be given a copy of the conditions of parole. Such
conditions shall where appropriate, include a requirement that the paro-
lee comply with any restitution order and mandatory surcharge previously
imposed by a court of competent jurisdiction that applies to the paro-
lee. The conditions shall indicate which restitution collection agency
established under subdivision eight of section 420.10 of the criminal
procedure law, shall be responsible for collection of restitution [and
mandatory surcharge as provided for in section 60.35 of the penal law
and section eighteen hundred nine of the vehicle and traffic law].
§ 12-a. Subdivision 9 of section 201 of the correction law is
REPEALED.
§ 12-b. Section 257-c of the executive law is REPEALED and a new
section 257-c is added to read as follows:
§ 257-C. PROBATION FEES PROHIBITED. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO COUNTY OR CITY MAY REQUIRE INDIVIDUALS CURRENTLY
SERVING OR WHO SHALL BE SENTENCED TO A PERIOD OF PROBATION UPON
CONVICTION OF ANY CRIME TO PAY ANY FEE, INCLUDING BUT NOT LIMITED TO AN
ADMINISTRATIVE FEE, SUPERVISION FEE, MONITORING FEE, TESTING FEE, OR
SCREENING FEE, TO THE LOCAL PROBATION DEPARTMENT WITH THE RESPONSIBILITY
OF SUPERVISING THE PROBATIONER. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO AFFECT THE COLLECTION OF RESTITUTION PAYMENTS PURSUANT TO
SECTIONS 65.10 AND 60.27 OF THE PENAL LAW AND SUBDIVISION EIGHT OF
SECTION 420.10 OF THE CRIMINAL PROCEDURE LAW.
§ 12-c. Subdivision 2 of section 205 of the correction law, as added
by section 32 of subpart A of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
2. A merit termination granted by the department under this section
shall constitute a termination of the sentence with respect to which it
was granted. No such merit termination shall be granted unless the
department is satisfied that termination of sentence from presumptive
release, parole, conditional release or post-release supervision is in
the best interest of society[, and that the parolee or releasee, other-
wise financially able to comply with an order of restitution and the
payment of any mandatory surcharge previously imposed by a court of
competent jurisdiction, has made a good faith effort to comply there-
with].
A. 2348--A 6
§ 12-d. Subdivisions 1 and 3 of section 259-j of the executive law, as
amended by section 38-g of subpart A of part C of chapter 62 of the laws
of 2011, are amended to read as follows:
1. Except where a determinate sentence was imposed for a felony other
than a felony defined in article two hundred twenty or article two
hundred twenty-one of the penal law, if the board of parole is satisfied
that an absolute discharge from presumptive release, parole, conditional
release or release to a period of post-release supervision is in the
best interests of society, the board may grant such a discharge prior to
the expiration of the full term or maximum term to any person who has
been on unrevoked community supervision for at least three consecutive
years. A discharge granted under this section shall constitute a termi-
nation of the sentence with respect to which it was granted. [No such
discharge shall be granted unless the board is satisfied that the paro-
lee or releasee, otherwise financially able to comply with an order of
restitution and the payment of any mandatory surcharge, sex offender
registration fee or DNA databank fee previously imposed by a court of
competent jurisdiction, has made a good faith effort to comply there-
with.]
3. Notwithstanding any other provision of this section to the contra-
ry, where a term of post-release supervision in excess of five years has
been imposed on a person convicted of a crime defined in article one
hundred thirty of the penal law, including a sexually motivated felony,
the board of parole may grant a discharge from post-release supervision
prior to the expiration of the maximum term of post-release supervision.
Such a discharge may be granted only after the person has served at
least five years of post-release supervision, and only to a person who
has been on unrevoked post-release supervision for at least three
consecutive years. No such discharge shall be granted unless the board
of parole or the department acting pursuant to its responsibility under
subdivision one of section two hundred one of the correction law
consults with any licensed psychologist, qualified psychiatrist, or
other mental health professional who is providing care or treatment to
the supervisee; and the board[: (a)] determines that a discharge from
post-release supervision is in the best interests of society[; and (b)
is satisfied that the supervisee, otherwise financially able to comply
with an order of restitution and the payment of any mandatory surcharge,
sex offender registration fee, or DNA data bank fee previously imposed
by a court of competent jurisdiction, has made a good faith effort to
comply therewith]. Before making a determination to discharge a person
from a period of post-release supervision, the board of parole may
request that the commissioner of the office of mental health arrange a
psychiatric evaluation of the supervisee. A discharge granted under this
section shall constitute a termination of the sentence with respect to
which it was granted.
§ 13. Subdivision 5 of section 27.12 of the parks, recreation and
historic preservation law is REPEALED and subdivision 6 is renumbered
subdivision 5.
§ 14. Subdivision 4 of section 60.02 of the penal law is renumbered
subdivision 3.
§ 15. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section
503 of the vehicle and traffic law, as amended by section 3 of part PP
of chapter 59 of the laws of 2009, is amended to read as follows:
(i) When a license issued pursuant to this article, or a privilege of
operating a motor vehicle or of obtaining such a license, has been
suspended based upon a failure to answer an appearance ticket or a
A. 2348--A 7
summons or failure to pay a fine, penalty or mandatory surcharge, pursu-
ant to subdivision three of section two hundred twenty-six, subdivision
four of section two hundred twenty-seven, OR subdivision four-a of
section five hundred ten [or subdivision five-a of section eighteen
hundred nine] of this chapter, such suspension shall remain in effect
until a termination of a suspension fee of seventy dollars is paid to
the court or tribunal that initiated the suspension of such license or
privilege. In no event may the aggregate of the fees imposed by an indi-
vidual court pursuant to this paragraph for the termination of all
suspensions that may be terminated as a result of a person's answers,
appearances or payments made in such cases pending before such individ-
ual court exceed four hundred dollars. For the purposes of this para-
graph, the various locations of the administrative tribunal established
under article two-A of this chapter shall be considered an individual
court.
§ 16. Section 4-411 of the village law, as amended by section 12 of
part F of chapter 62 of the laws of 2003, is amended to read as follows:
§ 4-411 Disposition of fines and penalties. Except as otherwise
provided by law, all fines and penalties imposed for the violation of a
village local law, ordinance or regulation shall be the property of the
village, whether or not the village has established the office of
village justice. [Nothing in this section shall be deemed to affect the
disposition of mandatory surcharges, sex offender registration fees, DNA
databank fees or crime victim assistance fees as provided by section
60.35 of the penal law, or of mandatory surcharges as provided by
section eighteen hundred nine of the vehicle and traffic law, or of
fines, penalties and forfeitures as provided by section eighteen hundred
three of the vehicle and traffic law relating to traffic offenses.]
§ 17. Subdivision 2 of section 837-i of the executive law, as added by
chapter 166 of the laws of 1991, is amended to read as follows:
2. The commissioner in consultation with the chief executive officers
of cities with a population in excess of one hundred thousand persons
according to the nineteen hundred eighty United States census shall
establish a system to record and monitor the issuance and disposition of
parking tickets[, to monitor the collection of the mandatory surcharge
required by section eighteen hundred nine-a of the vehicle and traffic
law] and to receive information from cities for this purpose. Each such
city shall report on such parking violations on a monthly basis in the
form and manner prescribed by the commissioner including, but not limit-
ed to, the parking tickets issued, the dispositions of such tickets and
the amount of fines[,] AND penalties [and mandatory surcharges]
collected. The commissioner shall collect, process and analyze such
information and present periodic reports on the parking violations
enforcement and disposition program.
§ 18. Section 837-j of the executive law is REPEALED.
§ 19. Subdivision 1 of section 837-i of the executive law, as added by
chapter 166 of the laws of 1991, is amended to read as follows:
1. The commissioner, in cooperation with the commissioner of the
department of motor vehicles, and in consultation with the chief execu-
tive officers of cities with a population in excess of one hundred thou-
sand persons according to the nineteen hundred eighty United States
census shall prescribe the form and content of uniform parking tickets
for such cities in all cases involving a parking, standing or stopping
violation as defined in accordance with the vehicle and traffic law,
hereinafter referred to as parking violations, or of any local law,
ordinance, rule or regulation adopted pursuant to the vehicle and traf-
A. 2348--A 8
fic law relating to parking violations. [Upon written application of the
chief executive officer of any such city, the commissioner, after
consultation with the commissioner of the department of motor vehicles,
may authorize the use of a parking ticket other than the uniform parking
ticket prescribed pursuant to this section if he or she determines that
use of such other parking ticket is not inconsistent with, and will not
diminish the effectiveness of, the parking violations enforcement and
disposition program established pursuant to section eight hundred thir-
ty-seven-j of this chapter, and may also authorize for a specified time
period the use of a parking ticket which was used by such city on or
before the effective date of this section.]
§ 20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of
section 235 of the vehicle and traffic law, as amended by section 18 of
part J of chapter 62 of the laws of 2003, is amended to read as follows:
(E) that submission of a plea of guilty to the parking violation makes
the owner liable for payment of the stated fine and additional penalties
imposed pursuant to paragraph b of this subdivision [and the mandatory
surcharge of fifteen dollars imposed upon parking violations pursuant to
section eighteen hundred nine-a of this chapter].
§ 21. Subdivision 4 of section 1203-g of the vehicle and traffic law,
as added by chapter 497 of the laws of 1999, is amended to read as
follows:
4. Every county and the city of New York that establishes a hand-
icapped parking education program shall establish a separate handicapped
parking education fund in the custody of the chief fiscal officer of
each such county or city, by April first, two thousand[, which shall
consist of moneys granted to such county or city pursuant to section
eighteen hundred nine-b of this chapter]. No provision of law shall be
deemed to preclude a county or the city of New York from receiving funds
[from other sources] to be deposited in the handicapped parking educa-
tion fund, provided such funds are used in a manner and for purposes
consistent with this section. The moneys of such fund shall be disbursed
to provide education, advocacy and increased awareness of handicapped
parking laws and may be used to execute contracts with private organiza-
tions for such purposes. Such contracts shall be awarded upon compet-
itive bids after the issuance of requests for proposal.
§ 22. Subdivision 2 of section 99-n of the state finance law, as added
by chapter 223 of the laws of 2005, is amended to read as follows:
2. The fund shall consist of all monies appropriated for its
purpose[,] AND all monies required by this section or any other
provision of law to be paid into or credited to such fund[, collected by
the mandatory surcharges imposed pursuant to subdivision one of section
eighteen hundred nine-d of the vehicle and traffic law]. Nothing
contained in this section shall prevent the department of motor vehicles
from receiving grants or other appropriations for the purposes of the
fund as defined in this section and depositing them into the fund
according to law.
§ 23. This act shall take effect immediately; provided however that
the amendments to subdivision (f) of section 1101 of the civil practice
law and rules made by section ten of this act shall not affect the expi-
ration of such section and shall be deemed to expire therewith; provided
further, however, that the amendments to paragraph (a) of subdivision 2
of section 259-i of the executive law made by section eleven of this act
shall be subject to the expiration and reversion of such paragraph
pursuant to subdivision d of section 74 of chapter 3 of the laws of
1995, as amended, when upon such date the provisions of section twelve
A. 2348--A 9
of this act shall take effect; and provided further however that the
amendments to clause (E) of subparagraph 2 of paragraph a of subdivision
2 of section 235 of the vehicle and traffic law made by section twenty
of this act shall not affect the expiration of such section and shall
expire therewith.
PART B
Section 1. The penal law is amended by adding a new section 80.20 to
read as follows:
§ 80.20 MANDATORY MINIMUM FINES PROHIBITED.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE SHALL CARRY A
MANDATORY MINIMUM FINE.
§ 2. Section 1800 of the vehicle and traffic law is amended by adding
a new subdivision (j) to read as follows:
(J) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE DESCRIBED
IN THIS CHAPTER SHALL CARRY A MANDATORY MINIMUM FINE.
§ 3. This act shall take effect immediately.
PART C
Section 1. Section 80.05 of the penal law is amended by adding a new
subdivision 7 to to read as follows:
7. INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSUANT TO THE
PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE PROFIT GAINED
BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPOR-
TIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY
VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES, INCLUDING THE
DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMME-
DIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLI-
GATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE COURT SHALL
ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO
CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES.
§ 2. The vehicle and traffic law is amended by adding a new section
1811 to read as follows:
§ 1811. FINES; INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSU-
ANT TO THE PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE
PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE
IS DISPROPORTIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE
IMPACT ON ANY VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES,
INCLUDING THE DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON
HIS OR HER IMMEDIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT
OWES AN OBLIGATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE
COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE
TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES.
§ 3. This act shall take effect immediately.
PART D
Section 1. Subdivisions 3 and 4 of section 420.10 of the criminal
procedure law are REPEALED.
§ 2. Section 420.35 of the criminal procedure law is REPEALED.
§ 3. Subdivision 5 of section 420.10 of the criminal procedure law, as
separately amended by chapters 233 and 506 of the laws of 1985, the
second undesignated paragraph as amended by chapter 618 of the laws of
1992, is amended to read as follows:
A. 2348--A 10
5. Application for resentence. In any case where the defendant is
unable to pay a fine, restitution or reparation imposed by the court, he
may at any time apply to the court for resentence. In such case, if the
court is satisfied that the defendant is unable to pay the fine, resti-
tution or reparation it must:
(a) Adjust the terms of payment; or
(b) Lower the amount of the fine, restitution or reparation TO AN
AMOUNT THE DEFENDANT IS ABLE TO PAY, OR REVOKE IT ENTIRELY FROM THE
SENTENCE IF THE DEFENDANT HAS NO ABILITY TO PAY; or
(c) [Where the sentence consists of probation or imprisonment and a
fine, restitution or reparation, revoke the portion of the sentence
imposing the fine, restitution or reparation; or
(d)] Revoke the entire sentence imposed and resentence the defendant.
Upon such resentence the court may impose any sentence it originally
could have imposed, except that the amount of any fine, restitution or
reparation imposed may not be in excess of the amount the defendant is
able to pay AND THAT THE COURT MAY NOT SENTENCE THE DEFENDANT TO ANY
TERM OF IMPRISONMENT, PROBATION, OR POST-RELEASE SUPERVISION IN EXCESS
OF ANY SUCH TERM IMPOSED BY THE ORIGINAL SENTENCE.
In any case where the defendant applies for resentencing with respect
to any condition of the sentence relating to restitution or reparation
the court must order that notice of such application and a reasonable
opportunity to be heard be given to the person or persons given notice
pursuant to subdivision one of this section. If the court grants the
defendant's application by changing the original order for restitution
or reparation in any manner, the court must place the reasons therefor
on the record.
[For the purposes of this subdivision, the court shall not determine
that the defendant is unable to pay the fine, restitution or reparation
ordered solely because of such defendant's incarceration but shall
consider all the defendant's sources of income including, but not limit-
ed to, moneys in the possession of an inmate at the time of his admis-
sion into such facility, funds earned by him in a work release program
as defined in subdivision four of section one hundred fifty of the
correction law, funds earned by him as provided for in section one
hundred eighty-seven of the correction law and any other funds received
by him or on his behalf and deposited with the superintendent or the
municipal official of the facility where the person is confined.] IN
DETERMINING WHETHER AN INCARCERATED DEFENDANT IS ABLE TO PAY A FINE,
RESTITUTION, OR REPARATION, THE COURT SHALL NOT CONSIDER INCOME EARNED
PURSUANT TO SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE
CORRECTION LAW, INCOME EARNED PURSUANT TO SECTION ONE HUNDRED EIGHTY-
SEVEN OF THE CORRECTION LAW, OR FUNDS RECEIVED BY THE DEFENDANT OR ON
THE DEFENDANT'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE
MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED.
§ 4. Subdivision 1 of section 420.30 of the criminal procedure law, as
amended by chapter 3 of the laws of 1995, is amended to read as follows:
1. Applicability. The procedure specified in this section governs
remission of fines, restitution or reparation [in all cases not covered
by subdivision four of section 420.10].
§ 5. The criminal procedure law is amended by adding a new section
420.11 to read as follows:
§ 420.11 WARRANTS AND SENTENCES OF INCARCERATION; EFFECTIVENESS.
1. ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF
THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF
A. 2348--A 11
THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35
OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON THE PART OF A
DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE SET FOR THE
SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE,
DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRA-
TION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE, ARE DEEMED TO BE
NULL AND VOID.
2. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER
STATE OR MUNICIPAL AGENCIES AS NECESSARY, SHALL ESTABLISH PROCEDURES TO
FORMALLY RESCIND ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION
420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFEC-
TIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF
SECTION 420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON
THE PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE
SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION,
SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFEN-
DER REGISTRATION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH
PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY
DEFENDANT SUBJECT TO ANY SUCH WARRANT. SUCH PROCEDURES SHALL BE
DESIGNED AND IMPLEMENTED SO AS TO ACCOMPLISH THE RESCINDING OF ALL SUCH
WARRANTS WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
3. ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION, SUBDIVISION FIVE OF SECTION 420.10 OF
THIS ARTICLE, OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE ALLEGED
FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, OR TIMELY APPEAR ON A
COURT DATE SCHEDULED FOR THE PURPOSES OF PAYMENT OF, A FINE, RESTITU-
TION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE
FEE, SEXUAL OFFENDER REGISTRATION FEE, OR SUPPLEMENTAL SEX OFFENDER
VICTIM FEE ARE DEEMED TO BE NULL AND VOID AND ANY PERSON SERVING SUCH A
SENTENCE SHALL BE RELEASED FROM CUSTODY IMMEDIATELY.
4. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER
STATE OR MUNICIPAL AGENCIES AS IS NECESSARY, SHALL ESTABLISH PROCEDURES
TO FORMALLY RESCIND ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION
THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR SECTION 420.35 OF THIS
ARTICLE AS SUCH SECTION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION BASED SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT
TO TIMELY PAY A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK
FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR
SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH PROCEDURES SHALL NOT REQUIRE
ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH
SENTENCE.
§ 6. Subdivision 1 of section 430.20 of the criminal procedure law, as
amended by chapter 788 of the laws of 1971, is amended to read as
follows:
1. In general. When a sentence of imprisonment is pronounced, or [when
th sentence consists of a fine and the court has directed that the
defendant be imprisoned until it is satisfied,] the defendant must
A. 2348--A 12
forthwith be committed to the custody of the appropriate public servant
and detained until the sentence is complied with.
§ 7. Subdivision 5 of section 430.20 of the criminal procedure law is
REPEALED.
§ 8. This act shall take effect immediately.
PART E
Section 1. All unsatisfied civil judgments issued prior to the effec-
tive date of this act pursuant to the provisions of subdivision 5 of
section 420.40 of the criminal procedure law solely based on the alleged
failure on the part of a defendant to timely pay, and/or to appear on a
court date set for the sole purpose of payment of a surcharge, DNA data-
bank fee, crime victim assistance fee, sexual offender registration fee,
or supplemental sex offender victim fee are deemed to be null and void
and, for all legal purposes, vacated and discharged.
§ 2. The office of court administration, in consultation with such
other state or municipal agencies as necessary, shall establish proce-
dures to formally vacate and discharge all unsatisfied civil judgments
entered prior to the effective date of this act pursuant to the
provisions of subdivision 5 of the criminal procedure law section 420.40
solely based on the alleged failure on the part of a defendant to timely
pay, and/or to appear on a court date set for the sole purpose of
payment of, a surcharge, DNA databank fee, crime victim assistance fee,
sexual offender registration fee, or supplemental sex offender victim
fee. Such procedures shall not require any affirmative actions on the
part of any defendant subject to any such civil judgment. Such proce-
dures shall be designed and implemented so as to accomplish the vacatur
and discharge of all such civil judgments within six months of the
effective date of this act.
§ 3. Subdivision 3 of section 420.30 of the criminal procedure law is
REPEALED.
§ 4. This act shall take effect immediately.
PART F
Section 1. Section 420.10 of the criminal procedure law is amended by
adding a new subdivision 9 to read as follows:
9. IN NO CASE SHALL A FINE, RESTITUTION, OR REPARATION BE COLLECTED
OUT OF THE FUNDS OF A PERSON WHO IS PRESENTLY INCARCERATED, INCLUDING
FUNDS EARNED BY THE PERSON IN A WORK RELEASE PROGRAM AS DEFINED IN
SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE CORRECTION LAW,
FUNDS EARNED BY A PERSON AS PROVIDED FOR IN SECTION ONE HUNDRED EIGHTY-
SEVEN OF THE CORRECTION LAW, AND ANY OTHER FUNDS RECEIVED BY THE PERSON
OR ON THE PERSON'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE
MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED.
§ 2. Section 154 of the correction law, as added by chapter 788 of the
laws of 1968, subdivision 4 as amended by section 3 of part F of chapter
62 of the laws of 2003, is amended to read as follows:
§ 154. Disposition of Earnings. The earnings of a prisoner participat-
ing in a work release program, less any payroll deductions required or
authorized by law, shall be deposited with the department in a trust
fund account. Such earnings shall not be subject to attachment or
garnishment in the hands of the department. The commissioner is author-
ized to provide for disbursements from the trust fund account for any or
all of the following purposes:
A. 2348--A 13
1. Such costs incident to the prisoner's confinement as the commis-
sioner deems appropriate and reasonable.
2. Such costs related to the prisoner's work release program as the
commissioner deems appropriate and reasonable.
3. Support of the prisoner's dependents.
[4. Payment of court fines, mandatory surcharge, sex offender regis-
tration fee, DNA databank fee, restitution or reparation, or forfei-
tures.]
The balance of such earnings, if any, after disbursements for any of
the foregoing purposes shall be paid to the prisoner upon termination of
his imprisonment.
§ 3. This act shall take effect immediately.
PART G
Section 1. All orders issued prior to the effective date of this act
directing payment by a defendant of a surcharge, DNA databank fee, crime
victim assistance fee, sexual offender registration fee, supplemental
sex offender victim fee, probation supervision fee or parole supervision
fee are deemed to be null and void and, such orders are for all legal
purposes, vacated and discharged. Pursuant to this section, any exist-
ing encumbrances on commissary accounts or similar accounts held by a
correctional facility, jail, or detention facility shall be lifted and
deemed null and void.
§ 2. This act shall take effect immediately.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through G of this act shall be
as specifically set forth in the last section of such Parts.
co-Sponsors
Charles Barron
Rebecca Seawright
Jo Anne Simon
Richard Gottfried
Phil Steck
Carmen De La Rosa
Mathylde Frontus
Harvey Epstein
Linda Rosenthal
Kenny Burgos
Phara Souffrant Forrest
Karines Reyes
Zohran Mamdani
Dan Quart
Catalina Cruz
Jessica Gonzalez-Rojas
Jeffrion Aubry
Chantel Jackson
Chris Burdick
Emily Gallagher
Marcela Mitaynes
Nathalia Fernandez
Charles Lavine
Anna Kelles
Amanda Septimo
Jonathan Rivera
Demond Meeks
Latrice Walker
Eddie Gibbs
Vivian Cook
Andrew Hevesi
2021-A2348B (ACTIVE) - Details
- See Senate Version of this Bill:
- S3979
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§60.02 & 80.05, add §80.20, rpld §60.35, Pen L; amd §§503, 235, 1203-g & 1800, add §1811, rpld §§1809 - 1809-e, V & T L; rpld §71-0213, En Con L; amd §1101, CPLR; amd §§259-i, 837-i & 259-j, rpld §837-j, rpld & add §257-c, Exec L; amd §27.12, rpld §27.12 sub 5, Pks & Rec L; amd §4-411, Vil L; amd §99-n, St Fin L; amd §§154 & 205, rpld §201 sub 9, Cor L; amd §§420.10, 420.30 & 430.20, add §420.11, rpld §420.10 subs 3 & 4, §420.35, §430.20 sub 5, §420.30 sub 3, CP L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
A11083
2023-2024: A4183, S313
2021-A2348B (ACTIVE) - Summary
Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B)
2021-A2348B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2348--B
2021-2022 Regular Sessions
I N A S S E M B L Y
January 14, 2021
___________
Introduced by M. of A. NIOU, BARRON, SEAWRIGHT, SIMON, GOTTFRIED, STECK,
DE LA ROSA, FRONTUS, EPSTEIN, L. ROSENTHAL, BURGOS, FORREST, REYES,
MAMDANI, QUART, CRUZ, GONZALEZ-ROJAS, AUBRY, JACKSON, BURDICK,
GALLAGHER, MITAYNES, FERNANDEZ, LAVINE, KELLES -- read once and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the civil practice law and rules, the executive law, the
correction law, the vehicle and traffic law, the village law and the
state finance law, in relation to eliminating court surcharges and
fees; and to repeal certain provisions of the penal law, the vehicle
and traffic law, the correction law, the parks, recreation and histor-
ic preservation law, the executive law and the environmental conserva-
tion law relating thereto (Part A); to amend the penal law and the
vehicle and traffic law, in relation to prohibiting mandatory minimum
fines for penal law and vehicle and traffic offenses (Part B); to
amend the penal law and the vehicle and traffic law, in relation to
mandating that courts engage in an individualized assessment of a
person's financial ability to pay a fine prior to imposing a fine
(Part C); to amend the criminal procedure law, in relation to elimi-
nating the availability of incarceration as a remedy for a failure to
pay a fine, surcharge or fee, lifting and vacating all existing
warrants issued solely based on a person's failure to timely pay a
fine, surcharge or fee and ending all existing sentences of incarcera-
tion based on such failure; and to repeal certain provisions of the
criminal procedure law relating thereto (Part D); in relation to
vacating all existing unsatisfied civil judgments entered solely based
on a person's failure to timely pay a surcharge or fee and to repeal
certain provisions of the criminal procedure law relating thereto
(Part E); to amend the criminal procedure law, in relation to prohib-
iting the collection of a fine, restitution or reparation from the
funds of an incarcerated person; and to amend the correction law, in
relation to prohibiting the payment of court fines, mandatory
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02794-13-1
A. 2348--B 2
surcharges, certain fees, restitution, reparation or forfeitures from
the earnings of prisoners (Part F); and in relation to vacating all
existing unpaid surcharges, DNA databank fees, crime victim assistance
fees, sexual offender registration fees, or supplemental sex offender
victim fees (Part G)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
relating to ending the unfair financial burdens imposed on defendants in
criminal, vehicle and traffic, or other types of criminal or quasi-cri-
minal matters by the existence of mandatory court surcharges and fees,
mandatory minimum fines and mandatory probation or parole fees. This
act further enacts into law procedures by which courts would be required
to engage in an individualized assessment of a person's financial abili-
ty to pay a fine prior to imposing a fine, eliminates the availability
of incarceration as a remedy for a failure to pay a fine, and vacates
all existing warrants or unsatisfied civil judgments issued solely based
on a person's failure to timely pay a fine, surcharge, or fee. Each
component is wholly contained within a Part identified as Parts A
through G. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes reference to a section "of this act",
when used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Part in which it
is found. Section four of this act sets forth the general effective
date of this act.
§ 2. Legislative intent. The legislative intent of this act is to end
the inequitable financial burdens placed on defendants by the previously
enacted statutory provisions which have authorized or mandated the impo-
sition of surcharges, fees, and/or mandatory minimum fines, which have
had a disparate impact on poor defendants, people of color, and those
who lack access to the significant financial resources necessary in
order to satisfy the imposition of surcharges, fees, and fines, and
which have also contributed to mass incarceration in New York state. The
legislative intent is also to end New York's regressive reliance on
generating governmental revenue by imposing surcharges, fees, and fines
on those least able to pay.
PART A
Section 1. Section 60.35 of the penal law is REPEALED.
§ 2. Section 1809 of the vehicle and traffic law is REPEALED.
§ 3. Section 1809-a of the vehicle and traffic law is REPEALED.
§ 4. Section 1809-aa of the vehicle and traffic law is REPEALED.
§ 5. Section 1809-b of the vehicle and traffic law is REPEALED.
§ 6. Section 1809-c of the vehicle and traffic law is REPEALED.
§ 7. Section 1809-d of the vehicle and traffic law is REPEALED.
§ 8. Section 1809-e of the vehicle and traffic law is REPEALED.
§ 9. Section 71-0213 of the environmental conservation law is
REPEALED.
A. 2348--B 3
§ 10. The opening paragraph of paragraph 2 of subdivision (f) of
section 1101 of the civil practice law and rules, as amended by chapter
322 of the laws of 2021, is amended to read as follows:
If the court determines that the incarcerated individual has insuffi-
cient means to pay the full filing fee, the court may permit the incar-
cerated individual to pay a reduced filing fee, the minimum of which
shall not be less than fifteen dollars and the maximum of which shall
not be more than fifty dollars. The court shall require an initial
payment of such portion of the reduced filing fee as the incarcerated
individual can reasonably afford or shall authorize no initial payment
of the fee if exceptional circumstances render the incarcerated individ-
ual unable to pay any fee; provided however, that the difference between
the amount of the reduced filing fee and the amount paid by the incar-
cerated individual in the initial partial payment shall be assessed
against the incarcerated individual as an outstanding obligation to be
collected either by the superintendent or the municipal official of the
facility at which the incarcerated individual is confined, as the case
may be[, in the same manner that mandatory surcharges are collected as
provided for in subdivision five of section 60.35 of the penal law]. The
court shall notify the superintendent or the municipal official of the
facility where the incarcerated individual is housed of the amount of
the reduced filing fee that was not directed to be paid by the incarcer-
ated individual. Thereafter, the superintendent or the municipal offi-
cial shall forward to the court any fee obligations that have been
collected, provided however, that:
§ 11. Paragraph (a) of subdivision 2 of section 259-i of the executive
law, as amended by section 11 of chapter 322 of the laws of 2021, is
amended to read as follows:
(a) (i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which an incarcerated individual
may be paroled pursuant to subdivision one of section 70.40 of the penal
law, a member or members as determined by the rules of the board shall
personally interview such incarcerated individual and determine whether
he or she should be paroled in accordance with the guidelines adopted
pursuant to subdivision four of section two hundred fifty-nine-c of this
article. If parole is not granted upon such review, the incarcerated
individual shall be informed in writing within two weeks of such appear-
ance of the factors and reasons for such denial of parole. Such reasons
shall be given in detail and not in conclusory terms. The board shall
specify a date not more than twenty-four months from such determination
for reconsideration, and the procedures to be followed upon reconsider-
ation shall be the same. If the incarcerated individual is released, he
or she shall be given a copy of the conditions of parole. Such condi-
tions shall where appropriate, include a requirement that the parolee
comply with any restitution order, [mandatory surcharge, sex offender
registration fee and DNA databank fee] previously imposed by a court of
competent jurisdiction that applies to the parolee. The conditions shall
indicate which restitution collection agency established under subdivi-
sion eight of section 420.10 of the criminal procedure law, shall be
responsible for collection of restitution[, mandatory surcharge, sex
offender registration fees and DNA databank fees as provided for in
section 60.35 of the penal law and section eighteen hundred nine of the
vehicle and traffic law].
(ii) Any incarcerated individual who is scheduled for presumptive
release pursuant to section eight hundred six of the correction law
shall not appear before the board as provided in subparagraph (i) of
A. 2348--B 4
this paragraph unless such incarcerated individual's scheduled presump-
tive release is forfeited, canceled, or rescinded subsequently as
provided in such law. In such event, the incarcerated individual shall
appear before the board for release consideration as provided in subpar-
agraph (i) of this paragraph as soon thereafter as is practicable.
§ 11-a. Paragraph (a) of subdivision 2 of section 259-i of the execu-
tive law, as separately amended by section 7 of chapter 103 and section
11-a of chapter 322 of the laws of 2021, is amended to read as follows:
(a) At least one month prior to the expiration of the minimum period
or periods of imprisonment fixed by the court or board, a member or
members as determined by the rules of the board shall personally inter-
view an incarcerated individual serving an indeterminate sentence and
determine whether he or she should be paroled at the expiration of the
minimum period or periods in accordance with the procedures adopted
pursuant to subdivision four of section two hundred fifty-nine-c of this
article. If parole is not granted upon such review, the incarcerated
individual shall be informed in writing within two weeks of such appear-
ance of the factors and reasons for such denial of parole. Such reasons
shall be given in detail and not in conclusory terms. The board shall
specify a date not more than twenty-four months from such determination
for reconsideration, and the procedures to be followed upon reconsider-
ation shall be the same. If the incarcerated individual is released, he
or she shall be given a copy of the conditions of parole. Such condi-
tions shall where appropriate, include a requirement that the parolee
comply with any restitution order [and mandatory surcharge] previously
imposed by a court of competent jurisdiction that applies to the paro-
lee. The conditions shall indicate which restitution collection agency
established under subdivision eight of section 420.10 of the criminal
procedure law, shall be responsible for collection of restitution [and
mandatory surcharge as provided for in section 60.35 of the penal law
and section eighteen hundred nine of the vehicle and traffic law]. If
the [inmate] INCARCERATED INDIVIDUAL is released, he or she shall also
be notified in writing that his or her voting rights will be restored
upon release.
§ 12. Subparagraph (i) of paragraph (a) of subdivision 2 of section
259-i of the executive law, as separately amended by chapters 103 and
322 of the laws of 2021, is amended to read as follows:
(i) Except as provided in subparagraph (ii) of this paragraph, at
least one month prior to the date on which an incarcerated individual
may be paroled pursuant to subdivision one of section 70.40 of the penal
law, a member or members as determined by the rules of the board shall
personally interview such incarcerated individual and determine whether
he or she should be paroled in accordance with the guidelines adopted
pursuant to subdivision four of section two hundred fifty-nine-c of this
article. If parole is not granted upon such review, the incarcerated
individual shall be informed in writing within two weeks of such appear-
ance of the factors and reasons for such denial of parole. Such reasons
shall be given in detail and not in conclusory terms. The board shall
specify a date not more than twenty-four months from such determination
for reconsideration, and the procedures to be followed upon reconsider-
ation shall be the same. If the incarcerated individual is released, he
or she shall be given a copy of the conditions of parole. Such condi-
tions shall where appropriate, include a requirement that the parolee
comply with any restitution order[, mandatory surcharge, sex offender
registration fee and DNA databank fee] previously imposed by a court of
competent jurisdiction that applies to the parolee. The conditions shall
A. 2348--B 5
indicate which restitution collection agency established under subdivi-
sion eight of section 420.10 of the criminal procedure law, shall be
responsible for collection of restitution[, mandatory surcharge, sex
offender registration fees and DNA databank fees as provided for in
section 60.35 of the penal law and section eighteen hundred nine of the
vehicle and traffic law]. If the [inmate] INCARCERATED INDIVIDUAL is
released, he or she shall also be notified in writing that his or her
voting rights will be restored upon release.
§ 12-a. Subdivision 9 of section 201 of the correction law is
REPEALED.
§ 12-b. Section 257-c of the executive law is REPEALED and a new
section 257-c is added to read as follows:
§ 257-C. PROBATION FEES PROHIBITED. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, NO COUNTY OR CITY MAY REQUIRE INDIVIDUALS CURRENTLY
SERVING OR WHO SHALL BE SENTENCED TO A PERIOD OF PROBATION UPON
CONVICTION OF ANY CRIME TO PAY ANY FEE, INCLUDING BUT NOT LIMITED TO AN
ADMINISTRATIVE FEE, SUPERVISION FEE, MONITORING FEE, TESTING FEE, OR
SCREENING FEE, TO THE LOCAL PROBATION DEPARTMENT WITH THE RESPONSIBILITY
OF SUPERVISING THE PROBATIONER. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO AFFECT THE COLLECTION OF RESTITUTION PAYMENTS PURSUANT TO
SECTIONS 65.10 AND 60.27 OF THE PENAL LAW AND SUBDIVISION EIGHT OF
SECTION 420.10 OF THE CRIMINAL PROCEDURE LAW.
§ 12-c. Subdivision 2 of section 205 of the correction law, as added
by section 32 of subpart A of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
2. A merit termination granted by the department under this section
shall constitute a termination of the sentence with respect to which it
was granted. No such merit termination shall be granted unless the
department is satisfied that termination of sentence from presumptive
release, parole, conditional release or post-release supervision is in
the best interest of society[, and that the parolee or releasee, other-
wise financially able to comply with an order of restitution and the
payment of any mandatory surcharge previously imposed by a court of
competent jurisdiction, has made a good faith effort to comply there-
with].
§ 12-d. Subdivisions 1 and 3 of section 259-j of the executive law, as
amended by section 38-g of subpart A of part C of chapter 62 of the laws
of 2011, are amended to read as follows:
1. Except where a determinate sentence was imposed for a felony other
than a felony defined in article two hundred twenty [or article two
hundred twenty-one] of the penal law, if the board of parole is satis-
fied that an absolute discharge from presumptive release, parole, condi-
tional release or release to a period of post-release supervision is in
the best interests of society, the board may grant such a discharge
prior to the expiration of the full term or maximum term to any person
who has been on unrevoked community supervision for at least three
consecutive years. A discharge granted under this section shall consti-
tute a termination of the sentence with respect to which it was granted.
[No such discharge shall be granted unless the board is satisfied that
the parolee or releasee, otherwise financially able to comply with an
order of restitution and the payment of any mandatory surcharge, sex
offender registration fee or DNA databank fee previously imposed by a
court of competent jurisdiction, has made a good faith effort to comply
therewith.]
3. Notwithstanding any other provision of this section to the contra-
ry, where a term of post-release supervision in excess of five years has
A. 2348--B 6
been imposed on a person convicted of a crime defined in article one
hundred thirty of the penal law, including a sexually motivated felony,
the board of parole may grant a discharge from post-release supervision
prior to the expiration of the maximum term of post-release supervision.
Such a discharge may be granted only after the person has served at
least five years of post-release supervision, and only to a person who
has been on unrevoked post-release supervision for at least three
consecutive years. No such discharge shall be granted unless the board
of parole or the department acting pursuant to its responsibility under
subdivision one of section two hundred one of the correction law
consults with any licensed psychologist, qualified psychiatrist, or
other mental health professional who is providing care or treatment to
the supervisee; and the board[: (a)] determines that a discharge from
post-release supervision is in the best interests of society[; and (b)
is satisfied that the supervisee, otherwise financially able to comply
with an order of restitution and the payment of any mandatory surcharge,
sex offender registration fee, or DNA data bank fee previously imposed
by a court of competent jurisdiction, has made a good faith effort to
comply therewith]. Before making a determination to discharge a person
from a period of post-release supervision, the board of parole may
request that the commissioner of the office of mental health arrange a
psychiatric evaluation of the supervisee. A discharge granted under this
section shall constitute a termination of the sentence with respect to
which it was granted.
§ 13. Subdivision 5 of section 27.12 of the parks, recreation and
historic preservation law is REPEALED and subdivision 6 is renumbered
subdivision 5.
§ 14. Subdivision 4 of section 60.02 of the penal law is renumbered
subdivision 3.
§ 15. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section
503 of the vehicle and traffic law, as amended by section 3 of part PP
of chapter 59 of the laws of 2009, is amended to read as follows:
(i) When a license issued pursuant to this article, or a privilege of
operating a motor vehicle or of obtaining such a license, has been
suspended based upon a failure to answer an appearance ticket or a
summons [or failure to pay a fine, penalty or mandatory surcharge],
pursuant to subdivision three of section two hundred twenty-six, subdi-
vision four of section two hundred twenty-seven, OR subdivision four-a
of section five hundred ten [or subdivision five-a of section eighteen
hundred nine] of this chapter, such suspension shall remain in effect
until a termination of a suspension fee of seventy dollars [is paid] to
the court or tribunal that initiated the suspension of such license or
privilege. In no event may the aggregate of the fees imposed by an indi-
vidual court pursuant to this paragraph for the termination of all
suspensions that may be terminated as a result of a person's answers, OR
appearances [or payments] made in such cases pending before such indi-
vidual court exceed four hundred dollars. For the purposes of this para-
graph, the various locations of the administrative tribunal established
under article two-A of this chapter shall be considered an individual
court.
§ 16. Section 4-411 of the village law, as amended by section 12 of
part F of chapter 62 of the laws of 2003, is amended to read as follows:
§ 4-411 Disposition of fines and penalties. Except as otherwise
provided by law, all fines and penalties imposed for the violation of a
village local law, ordinance or regulation shall be the property of the
village, whether or not the village has established the office of
A. 2348--B 7
village justice. [Nothing in this section shall be deemed to affect the
disposition of mandatory surcharges, sex offender registration fees, DNA
databank fees or crime victim assistance fees as provided by section
60.35 of the penal law, or of mandatory surcharges as provided by
section eighteen hundred nine of the vehicle and traffic law, or of
fines, penalties and forfeitures as provided by section eighteen hundred
three of the vehicle and traffic law relating to traffic offenses.]
§ 17. Subdivision 2 of section 837-i of the executive law, as added by
chapter 166 of the laws of 1991, is amended to read as follows:
2. The commissioner in consultation with the chief executive officers
of cities with a population in excess of one hundred thousand persons
according to the nineteen hundred eighty United States census shall
establish a system to record and monitor the issuance and disposition of
parking tickets[, to monitor the collection of the mandatory surcharge
required by section eighteen hundred nine-a of the vehicle and traffic
law] and to receive information from cities for this purpose. Each such
city shall report on such parking violations on a monthly basis in the
form and manner prescribed by the commissioner including, but not limit-
ed to, the parking tickets issued, the dispositions of such tickets and
the amount of fines[,] AND penalties [and mandatory surcharges]
collected. The commissioner shall collect, process and analyze such
information and present periodic reports on the parking violations
enforcement and disposition program.
§ 18. Section 837-j of the executive law is REPEALED.
§ 19. Subdivision 1 of section 837-i of the executive law, as added by
chapter 166 of the laws of 1991, is amended to read as follows:
1. The commissioner, in cooperation with the commissioner of the
department of motor vehicles, and in consultation with the chief execu-
tive officers of cities with a population in excess of one hundred thou-
sand persons according to the nineteen hundred eighty United States
census shall prescribe the form and content of uniform parking tickets
for such cities in all cases involving a parking, standing or stopping
violation as defined in accordance with the vehicle and traffic law,
hereinafter referred to as parking violations, or of any local law,
ordinance, rule or regulation adopted pursuant to the vehicle and traf-
fic law relating to parking violations. [Upon written application of the
chief executive officer of any such city, the commissioner, after
consultation with the commissioner of the department of motor vehicles,
may authorize the use of a parking ticket other than the uniform parking
ticket prescribed pursuant to this section if he or she determines that
use of such other parking ticket is not inconsistent with, and will not
diminish the effectiveness of, the parking violations enforcement and
disposition program established pursuant to section eight hundred thir-
ty-seven-j of this chapter, and may also authorize for a specified time
period the use of a parking ticket which was used by such city on or
before the effective date of this section.]
§ 20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of
section 235 of the vehicle and traffic law, as added by chapter 421 of
the laws of 2021, is amended to read as follows:
(E) that submission of a plea of guilty to the parking violation makes
the owner liable for payment of the stated fine and additional penalties
imposed pursuant to paragraph b of this subdivision [and the mandatory
surcharge of fifteen dollars imposed upon parking violations pursuant to
section eighteen hundred nine-a of this chapter].
A. 2348--B 8
§ 21. Subdivision 4 of section 1203-g of the vehicle and traffic law,
as added by chapter 497 of the laws of 1999, is amended to read as
follows:
4. Every county and the city of New York that establishes a hand-
icapped parking education program shall establish a separate handicapped
parking education fund in the custody of the chief fiscal officer of
each such county or city, by April first, two thousand[, which shall
consist of moneys granted to such county or city pursuant to section
eighteen hundred nine-b of this chapter]. No provision of law shall be
deemed to preclude a county or the city of New York from receiving funds
[from other sources] to be deposited in the handicapped parking educa-
tion fund, provided such funds are used in a manner and for purposes
consistent with this section. The moneys of such fund shall be disbursed
to provide education, advocacy and increased awareness of handicapped
parking laws and may be used to execute contracts with private organiza-
tions for such purposes. Such contracts shall be awarded upon compet-
itive bids after the issuance of requests for proposal.
§ 22. Subdivision 2 of section 99-n of the state finance law, as added
by chapter 223 of the laws of 2005, is amended to read as follows:
2. The fund shall consist of all monies appropriated for its
purpose[,] AND all monies required by this section or any other
provision of law to be paid into or credited to such fund[, collected by
the mandatory surcharges imposed pursuant to subdivision one of section
eighteen hundred nine-d of the vehicle and traffic law]. Nothing
contained in this section shall prevent the department of motor vehicles
from receiving grants or other appropriations for the purposes of the
fund as defined in this section and depositing them into the fund
according to law.
§ 23. This act shall take effect immediately; provided however that
the amendments to subdivision (f) of section 1101 of the civil practice
law and rules made by section ten of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith;
provided further, however, that the amendments to paragraph (a) of
subdivision 2 of section 259-i of the executive law made by section
eleven of this act shall be subject to the expiration and reversion of
such paragraph pursuant to subdivision d of section 74 of chapter 3 of
the laws of 1995, as amended, when upon such date the provisions of
section eleven-a of this act shall take effect; and provided further
that the amendments to subparagraph (i) of paragraph (a) of subdivision
2 of section 259-i of the executive law made by section twelve of this
act shall take effect on the same date and in the same manner as section
6 of chapter 103 of the laws of 2021; and provided further however that
the amendments to clause (E) of subparagraph 2 of paragraph a of subdi-
vision 2 of section 235 of the vehicle and traffic law made by section
twenty of this act shall take effect on the same date and in the same
manner as chapter 421 of the laws of 2021, takes effect.
PART B
Section 1. The penal law is amended by adding a new section 80.20 to
read as follows:
§ 80.20 MANDATORY MINIMUM FINES PROHIBITED.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE SHALL CARRY A
MANDATORY MINIMUM FINE.
§ 2. Section 1800 of the vehicle and traffic law is amended by adding
a new subdivision (j) to read as follows:
A. 2348--B 9
(J) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO OFFENSE DESCRIBED
IN THIS CHAPTER SHALL CARRY A MANDATORY MINIMUM FINE.
§ 3. This act shall take effect immediately.
PART C
Section 1. Section 80.05 of the penal law is amended by adding a new
subdivision 7 to read as follows:
7. INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSUANT TO THE
PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE PROFIT GAINED
BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE IS DISPROPOR-
TIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE IMPACT ON ANY
VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES, INCLUDING THE
DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON HIS OR HER IMME-
DIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT OWES AN OBLI-
GATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE COURT SHALL
ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE TAKING INTO
CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES.
§ 2. The vehicle and traffic law is amended by adding a new section
1811 to read as follows:
§ 1811. FINES; INDIVIDUALIZED ASSESSMENT. WHEN IMPOSING A FINE PURSU-
ANT TO THE PROVISIONS OF THIS SECTION, THE COURT SHALL CONSIDER THE
PROFIT GAINED BY THE DEFENDANT'S CONDUCT, WHETHER THE AMOUNT OF THE FINE
IS DISPROPORTIONATE TO THE CONDUCT IN WHICH THE DEFENDANT ENGAGED, THE
IMPACT ON ANY VICTIMS, AND THE DEFENDANT'S ECONOMIC CIRCUMSTANCES,
INCLUDING THE DEFENDANT'S ABILITY TO PAY, THE EFFECT OF THE FINE UPON
HIS OR HER IMMEDIATE FAMILY OR ANY OTHER PERSONS TO WHOM THE DEFENDANT
OWES AN OBLIGATION OF SUPPORT. IN ADDITION, WHEN IMPOSING A FINE THE
COURT SHALL ESTABLISH SUCH PAYMENT SCHEDULES AS ARE FAIR AND REASONABLE
TAKING INTO CONSIDERATION THE DEFENDANT'S ECONOMIC CIRCUMSTANCES.
§ 3. This act shall take effect immediately.
PART D
Section 1. Subdivisions 3 and 4 of section 420.10 of the criminal
procedure law are REPEALED.
§ 2. Section 420.35 of the criminal procedure law is REPEALED.
§ 3. Subdivision 5 of section 420.10 of the criminal procedure law, as
separately amended by chapters 233 and 506 of the laws of 1985, the
second undesignated paragraph as amended by chapter 618 of the laws of
1992, the closing paragraph as amended by chapter 322 of the laws of
2021, is amended to read as follows:
5. Application for resentence. In any case where the defendant is
unable to pay a fine, restitution or reparation imposed by the court, he
may at any time apply to the court for resentence. In such case, if the
court is satisfied that the defendant is unable to pay the fine, resti-
tution or reparation it must:
(a) Adjust the terms of payment; or
(b) Lower the amount of the fine, restitution or reparation TO AN
AMOUNT THE DEFENDANT IS ABLE TO PAY, OR REVOKE IT ENTIRELY FROM THE
SENTENCE IF THE DEFENDANT HAS NO ABILITY TO PAY; or
(c) [Where the sentence consists of probation or imprisonment and a
fine, restitution or reparation, revoke the portion of the sentence
imposing the fine, restitution or reparation; or
(d)] Revoke the entire sentence imposed and resentence the defendant.
Upon such resentence the court may impose any sentence it originally
A. 2348--B 10
could have imposed, except that the amount of any fine, restitution or
reparation imposed may not be in excess of the amount the defendant is
able to pay AND THAT THE COURT MAY NOT SENTENCE THE DEFENDANT TO ANY
TERM OF IMPRISONMENT, PROBATION, OR POST-RELEASE SUPERVISION IN EXCESS
OF ANY SUCH TERM IMPOSED BY THE ORIGINAL SENTENCE.
In any case where the defendant applies for resentencing with respect
to any condition of the sentence relating to restitution or reparation
the court must order that notice of such application and a reasonable
opportunity to be heard be given to the person or persons given notice
pursuant to subdivision one of this section. If the court grants the
defendant's application by changing the original order for restitution
or reparation in any manner, the court must place the reasons therefor
on the record.
[For the purposes of this subdivision, the court shall not determine
that the defendant is unable to pay the fine, restitution or reparation
ordered solely because of such defendant's incarceration but shall
consider all the defendant's sources of income including, but not limit-
ed to, moneys in the possession of an incarcerated individual at the
time of his or her admission into such facility, funds earned by him or
her in a work release program as defined in subdivision four of section
one hundred fifty of the correction law, funds earned by him or her as
provided for in section one hundred eighty-seven of the correction law
and any other funds received by him or her or on his or her behalf and
deposited with the superintendent or the municipal official of the
facility where the person is confined.]
IN DETERMINING WHETHER AN INCARCERATED DEFENDANT IS ABLE TO PAY A
FINE, RESTITUTION, OR REPARATION, THE COURT SHALL NOT CONSIDER INCOME
EARNED PURSUANT TO SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE
CORRECTION LAW, INCOME EARNED PURSUANT TO SECTION ONE HUNDRED EIGHTY-
SEVEN OF THE CORRECTION LAW, OR FUNDS RECEIVED BY THE DEFENDANT OR ON
THE DEFENDANT'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE
MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED.
§ 4. Subdivision 1 of section 420.30 of the criminal procedure law, as
amended by chapter 3 of the laws of 1995, is amended to read as follows:
1. Applicability. The procedure specified in this section governs
remission of fines, restitution or reparation [in all cases not covered
by subdivision four of section 420.10].
§ 5. The criminal procedure law is amended by adding a new section
420.11 to read as follows:
§ 420.11 WARRANTS AND SENTENCES OF INCARCERATION; EFFECTIVENESS.
1. ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION 420.10 OF
THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF SECTION 420.35
OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON THE PART OF A
DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE SET FOR THE
SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION, SURCHARGE,
DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRA-
TION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE, ARE DEEMED TO BE
NULL AND VOID.
2. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER
STATE OR MUNICIPAL AGENCIES AS NECESSARY, SHALL ESTABLISH PROCEDURES TO
FORMALLY RESCIND ALL WARRANTS ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION
420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE EFFEC-
A. 2348--B 11
TIVE DATE OF THIS SECTION AND/OR THE PROVISIONS OF SUBDIVISION ONE OF
SECTION 420.35 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION SOLELY BASED ON THE ALLEGED FAILURE ON
THE PART OF A DEFENDANT TO TIMELY PAY, AND/OR TO APPEAR ON A COURT DATE
SET FOR THE SOLE PURPOSE OF PAYMENT OF, A FINE, RESTITUTION, REPARATION,
SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFEN-
DER REGISTRATION FEE, AND/OR SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH
PROCEDURES SHALL NOT REQUIRE ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY
DEFENDANT SUBJECT TO ANY SUCH WARRANT. SUCH PROCEDURES SHALL BE
DESIGNED AND IMPLEMENTED SO AS TO ACCOMPLISH THE RESCINDING OF ALL SUCH
WARRANTS WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
3. ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION, SUBDIVISION FIVE OF SECTION 420.10 OF
THIS ARTICLE, OR SECTION 420.35 OF THIS ARTICLE AS SUCH SECTION EXISTED
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION BASED SOLELY ON THE ALLEGED
FAILURE ON THE PART OF A DEFENDANT TO TIMELY PAY, OR TIMELY APPEAR ON A
COURT DATE SCHEDULED FOR THE PURPOSES OF PAYMENT OF, A FINE, RESTITU-
TION, REPARATION, SURCHARGE, DNA DATABANK FEE, CRIME VICTIM ASSISTANCE
FEE, SEXUAL OFFENDER REGISTRATION FEE, OR SUPPLEMENTAL SEX OFFENDER
VICTIM FEE ARE DEEMED TO BE NULL AND VOID AND ANY PERSON SERVING SUCH A
SENTENCE SHALL BE RELEASED FROM CUSTODY IMMEDIATELY.
4. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH SUCH OTHER
STATE OR MUNICIPAL AGENCIES AS IS NECESSARY, SHALL ESTABLISH PROCEDURES
TO FORMALLY RESCIND ALL SENTENCES OF INCARCERATION IMPOSED PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION PURSUANT TO THE PROVISIONS OF SUBDIVISION
THREE OF SECTION 420.10 OF THIS ARTICLE AS SUCH SUBDIVISION EXISTED
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR SECTION 420.35 OF THIS
ARTICLE AS SUCH SECTION EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION BASED SOLELY ON THE ALLEGED FAILURE ON THE PART OF A DEFENDANT
TO TIMELY PAY A FINE, RESTITUTION, REPARATION, SURCHARGE, DNA DATABANK
FEE, CRIME VICTIM ASSISTANCE FEE, SEXUAL OFFENDER REGISTRATION FEE, OR
SUPPLEMENTAL SEX OFFENDER VICTIM FEE. SUCH PROCEDURES SHALL NOT REQUIRE
ANY AFFIRMATIVE ACTIONS ON THE PART OF ANY DEFENDANT SUBJECT TO ANY SUCH
SENTENCE.
§ 6. Subdivision 1 of section 430.20 of the criminal procedure law, as
amended by chapter 788 of the laws of 1971, is amended to read as
follows:
1. In general. When a sentence of imprisonment is pronounced, [or when
th sentence consists of a fine and the court has directed that the
defendant be imprisoned until it is satisfied,] the defendant must
forthwith be committed to the custody of the appropriate public servant
and detained until the sentence is complied with.
§ 7. Subdivision 5 of section 430.20 of the criminal procedure law is
REPEALED.
§ 8. This act shall take effect immediately.
PART E
Section 1. All unsatisfied civil judgments issued prior to the effec-
tive date of this act pursuant to the provisions of subdivision 5 of
section 420.40 of the criminal procedure law solely based on the alleged
failure on the part of a defendant to timely pay, and/or to appear on a
court date set for the sole purpose of payment of a surcharge, DNA data-
bank fee, crime victim assistance fee, sexual offender registration fee,
A. 2348--B 12
or supplemental sex offender victim fee are deemed to be null and void
and, for all legal purposes, vacated and discharged.
§ 2. The office of court administration, in consultation with such
other state or municipal agencies as necessary, shall establish proce-
dures to formally vacate and discharge all unsatisfied civil judgments
entered prior to the effective date of this act pursuant to the
provisions of subdivision 5 of section 420.40 of the criminal procedure
law solely based on the alleged failure on the part of a defendant to
timely pay, and/or to appear on a court date set for the sole purpose of
payment of, a surcharge, DNA databank fee, crime victim assistance fee,
sexual offender registration fee, or supplemental sex offender victim
fee. Such procedures shall not require any affirmative actions on the
part of any defendant subject to any such civil judgment. Such proce-
dures shall be designed and implemented so as to accomplish the vacatur
and discharge of all such civil judgments within six months of the
effective date of this act.
§ 3. Subdivision 3 of section 420.30 of the criminal procedure law is
REPEALED.
§ 4. This act shall take effect immediately.
PART F
Section 1. Section 420.10 of the criminal procedure law is amended by
adding a new subdivision 9 to read as follows:
9. IN NO CASE SHALL A FINE, RESTITUTION, OR REPARATION BE COLLECTED
OUT OF THE FUNDS OF A PERSON WHO IS PRESENTLY INCARCERATED, INCLUDING
FUNDS EARNED BY THE PERSON IN A WORK RELEASE PROGRAM AS DEFINED IN
SUBDIVISION FOUR OF SECTION ONE HUNDRED FIFTY OF THE CORRECTION LAW,
FUNDS EARNED BY A PERSON AS PROVIDED FOR IN SECTION ONE HUNDRED EIGHTY-
SEVEN OF THE CORRECTION LAW, AND ANY OTHER FUNDS RECEIVED BY THE PERSON
OR ON THE PERSON'S BEHALF AND DEPOSITED WITH THE SUPERINTENDENT OR THE
MUNICIPAL OFFICIAL OF THE FACILITY WHERE THE PERSON IS CONFINED.
§ 2. Section 154 of the correction law, as added by chapter 788 of the
laws of 1968, subdivision 4 as amended by section 3 of part F of chapter
62 of the laws of 2003, is amended to read as follows:
§ 154. Disposition of Earnings. The earnings of a prisoner participat-
ing in a work release program, less any payroll deductions required or
authorized by law, shall be deposited with the department in a trust
fund account. Such earnings shall not be subject to attachment or
garnishment in the hands of the department. The commissioner is author-
ized to provide for disbursements from the trust fund account for any or
all of the following purposes:
1. Such costs incident to the prisoner's confinement as the commis-
sioner deems appropriate and reasonable.
2. Such costs related to the prisoner's work release program as the
commissioner deems appropriate and reasonable.
3. Support of the prisoner's dependents.
[4. Payment of court fines, mandatory surcharge, sex offender regis-
tration fee, DNA databank fee, restitution or reparation, or forfei-
tures.]
The balance of such earnings, if any, after disbursements for any of
the foregoing purposes shall be paid to the prisoner upon termination of
his imprisonment.
§ 3. This act shall take effect immediately.
PART G
A. 2348--B 13
Section 1. All orders issued prior to the effective date of this act
directing payment by a defendant of a surcharge, DNA databank fee, crime
victim assistance fee, sexual offender registration fee, supplemental
sex offender victim fee, probation supervision fee or parole supervision
fee are deemed to be null and void and, such orders are for all legal
purposes, vacated and discharged. Pursuant to this section, any exist-
ing encumbrances on commissary accounts or similar accounts held by a
correctional facility, jail, or detention facility shall be lifted and
deemed null and void.
§ 2. This act shall take effect immediately.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through G of this act shall be
as specifically set forth in the last section of such Parts.
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