Bill Text: NY A04183 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part C); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part D); vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part E); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part F); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part G).

Spectrum: Partisan Bill (Democrat 46-0)

Status: (Introduced) 2024-07-22 - enacting clause stricken [A04183 Detail]

Download: New_York-2023-A04183-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4183

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 10, 2023
                                       ___________

        Introduced  by M. of A. BURGOS, REYES, SEAWRIGHT, SIMON, STECK, EPSTEIN,
          L. ROSENTHAL, FORREST, MAMDANI, CRUZ, GONZALEZ-ROJAS, AUBRY,  JACKSON,
          BURDICK,  GALLAGHER, MITAYNES, LAVINE, KELLES, SEPTIMO, RIVERA, MEEKS,
          WALKER, GIBBS, COOK, HEVESI -- read once and referred to the Committee
          on Codes

        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
          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00485-02-3
        A. 4183                             2

          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:

     1    Section 1. This act enacts into law major  components  of  legislation
     2  relating to ending the unfair financial burdens imposed on defendants in
     3  criminal,  vehicle and traffic, or other types of criminal or quasi-cri-
     4  minal matters by the existence of mandatory court surcharges  and  fees,
     5  mandatory  minimum  fines  and mandatory probation or parole fees.  This
     6  act further enacts into law procedures by which courts would be required
     7  to engage in an individualized assessment of a person's financial abili-
     8  ty to pay a fine prior to imposing a fine, eliminates  the  availability
     9  of  incarceration  as  a remedy for a failure to pay a fine, and vacates
    10  all existing warrants or unsatisfied civil judgments issued solely based
    11  on a person's failure to timely pay a fine, surcharge,  or  fee.    Each
    12  component  is  wholly  contained  within  a  Part  identified as Parts A
    13  through G. The effective date for each  particular  provision  contained
    14  within  such  Part  is  set  forth in the last section of such Part. Any
    15  provision in any section contained within a Part, including  the  effec-
    16  tive date of the Part, which makes reference to a section "of this act",
    17  when  used in connection with that particular component, shall be deemed
    18  to mean and refer to the corresponding section of the Part in  which  it
    19  is  found.    Section  four of this act sets forth the general effective
    20  date of this act.
    21    § 2. Legislative intent. The legislative intent of this act is to  end
    22  the inequitable financial burdens placed on defendants by the previously
    23  enacted statutory provisions which have authorized or mandated the impo-
    24  sition  of  surcharges, fees, and/or mandatory minimum fines, which have
    25  had a disparate impact on poor defendants, people of  color,  and  those
    26  who  lack  access  to  the  significant financial resources necessary in
    27  order to satisfy the imposition of  surcharges,  fees,  and  fines,  and
    28  which have also contributed to mass incarceration in New York state. The
    29  legislative  intent  is  also  to  end New York's regressive reliance on
    30  generating governmental revenue by imposing surcharges, fees, and  fines
    31  on those least able to pay.

    32                                   PART A

    33    Section 1. Section 60.35 of the penal law is REPEALED.
    34    § 2. Section 1809 of the vehicle and traffic law is REPEALED.
    35    § 3. Section 1809-a of the vehicle and traffic law is REPEALED.
    36    § 4. Section 1809-aa of the vehicle and traffic law is REPEALED.
    37    § 5. Section 1809-b of the vehicle and traffic law is REPEALED.
    38    § 6. Section 1809-c of the vehicle and traffic law is REPEALED.
    39    § 7. Section 1809-d of the vehicle and traffic law is REPEALED.
    40    § 8. Section 1809-e of the vehicle and traffic law is REPEALED.
    41    §  9.  Section  71-0213  of  the  environmental  conservation  law  is
    42  REPEALED.
    43    § 10. The opening paragraph of  paragraph  2  of  subdivision  (f)  of
    44  section  1101 of the civil practice law and rules, as amended by chapter
    45  322 of the laws of 2021, is amended to read as follows:
    46    If the court determines that the incarcerated individual has  insuffi-
    47  cient  means to pay the full filing fee, the court may permit the incar-
        A. 4183                             3

     1  cerated individual to pay a reduced filing fee,  the  minimum  of  which
     2  shall  not  be  less than fifteen dollars and the maximum of which shall
     3  not be more than fifty dollars.  The  court  shall  require  an  initial
     4  payment  of  such  portion of the reduced filing fee as the incarcerated
     5  individual can reasonably afford or shall authorize no  initial  payment
     6  of the fee if exceptional circumstances render the incarcerated individ-
     7  ual unable to pay any fee; provided however, that the difference between
     8  the  amount  of the reduced filing fee and the amount paid by the incar-
     9  cerated individual in the initial  partial  payment  shall  be  assessed
    10  against  the  incarcerated individual as an outstanding obligation to be
    11  collected either by the superintendent or the municipal official of  the
    12  facility  at  which the incarcerated individual is confined, as the case
    13  may be[, in the same manner that mandatory surcharges are  collected  as
    14  provided for in subdivision five of section 60.35 of the penal law]. The
    15  court  shall  notify the superintendent or the municipal official of the
    16  facility where the incarcerated individual is housed of  the  amount  of
    17  the reduced filing fee that was not directed to be paid by the incarcer-
    18  ated  individual.  Thereafter, the superintendent or the municipal offi-
    19  cial shall forward to the court  any  fee  obligations  that  have  been
    20  collected, provided however, that:
    21    § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive
    22  law,  as amended by chapter 322 of the laws of 2021, subparagraph (i) as
    23  amended by chapter 486 of the laws  of  2022,  is  amended  to  read  as
    24  follows:
    25    (a)  (i) Except as provided in subparagraph (ii) of this paragraph, at
    26  least one month prior to the date on which  an  incarcerated  individual
    27  may be paroled pursuant to subdivision one of section 70.40 of the penal
    28  law,  a  member or members as determined by the rules of the board shall
    29  personally interview such incarcerated individual and determine  whether
    30  he  or  she  should be paroled in accordance with the guidelines adopted
    31  pursuant to subdivision four of section two hundred fifty-nine-c of this
    32  article. If parole is not granted upon  such  review,  the  incarcerated
    33  individual shall be informed in writing within two weeks of such appear-
    34  ance  of the factors and reasons for such denial of parole. Such reasons
    35  shall be given in detail and not in conclusory terms.  The  board  shall
    36  specify  a date not more than twenty-four months from such determination
    37  for reconsideration, and the procedures to be followed upon  reconsider-
    38  ation  shall be the same. If the incarcerated individual is released, he
    39  or she shall be given a copy of the conditions of  parole.  Such  condi-
    40  tions  shall  where  appropriate, include a requirement that the parolee
    41  comply with any restitution order, [mandatory  surcharge,  sex  offender
    42  registration  fee and DNA databank fee] previously imposed by a court of
    43  competent jurisdiction that applies to the parolee. The conditions shall
    44  indicate which restitution collection agency established under  subdivi-
    45  sion  eight  of  section  420.10 of the criminal procedure law, shall be
    46  responsible for collection of  restitution[,  mandatory  surcharge,  sex
    47  offender  registration  fees  and  DNA  databank fees as provided for in
    48  section 60.35 of the penal law and section eighteen hundred nine of  the
    49  vehicle and traffic law]. If the incarcerated individual is released, he
    50  or  she  shall also be notified in writing that his or her voting rights
    51  will be restored upon release.
    52    (ii) Any incarcerated individual  who  is  scheduled  for  presumptive
    53  release  pursuant  to  section  eight  hundred six of the correction law
    54  shall not appear before the board as provided  in  subparagraph  (i)  of
    55  this  paragraph unless such incarcerated individual's scheduled presump-
    56  tive release  is  forfeited,  canceled,  or  rescinded  subsequently  as
        A. 4183                             4

     1  provided  in  such law. In such event, the incarcerated individual shall
     2  appear before the board for release consideration as provided in subpar-
     3  agraph (i) of this paragraph as soon thereafter as is practicable.
     4    § 12. Paragraph (a) of subdivision 2 of section 259-i of the executive
     5  law,  as  amended by chapter 486 of the laws of 2022, is amended to read
     6  as follows:
     7    (a) At least one month prior to the expiration of the  minimum  period
     8  or  periods  of  imprisonment  fixed  by the court or board, a member or
     9  members as determined by the rules of the board shall personally  inter-
    10  view  an  incarcerated  individual serving an indeterminate sentence and
    11  determine whether he or she should be paroled at the expiration  of  the
    12  minimum  period  or  periods  in  accordance with the procedures adopted
    13  pursuant to subdivision four of section two hundred fifty-nine-c of this
    14  article. If parole is not granted upon  such  review,  the  incarcerated
    15  individual shall be informed in writing within two weeks of such appear-
    16  ance  of the factors and reasons for such denial of parole. Such reasons
    17  shall be given in detail and not in conclusory terms.  The  board  shall
    18  specify  a date not more than twenty-four months from such determination
    19  for reconsideration, and the procedures to be followed upon  reconsider-
    20  ation  shall be the same. If the incarcerated individual is released, he
    21  or she shall be given a copy of the conditions of  parole.  Such  condi-
    22  tions  shall  where  appropriate, include a requirement that the parolee
    23  comply with any restitution order [and mandatory  surcharge]  previously
    24  imposed  by  a court of competent jurisdiction that applies to the paro-
    25  lee. The conditions shall indicate which restitution  collection  agency
    26  established  under  subdivision  eight of section 420.10 of the criminal
    27  procedure law, shall be responsible for collection of  restitution  [and
    28  mandatory  surcharge  as  provided for in section 60.35 of the penal law
    29  and section eighteen hundred nine of the vehicle and  traffic  law].  If
    30  the  incarcerated  individual is released, he or she shall also be noti-
    31  fied in writing that his or her voting  rights  will  be  restored  upon
    32  release.
    33    §  12-a.  Section  257-c  of  the  executive law is REPEALED and a new
    34  section 257-c is added to read as follows:
    35    §  257-c.  Probation  fees  prohibited.  Notwithstanding   any   other
    36  provision  of  law,  no county or city may require individuals currently
    37  serving or who  shall  be  sentenced  to  a  period  of  probation  upon
    38  conviction  of any crime to pay any fee, including but not limited to an
    39  administrative fee, supervision fee, monitoring  fee,  testing  fee,  or
    40  screening fee, to the local probation department with the responsibility
    41  of  supervising  the  probationer.  Nothing  in  this  section  shall be
    42  construed to affect the collection of restitution payments  pursuant  to
    43  sections  65.10  and  60.27  of  the  penal law and subdivision eight of
    44  section 420.10 of the criminal procedure law.
    45    § 12-b.  Paragraph  (a)  of  subdivision  2  of  section  205  of  the
    46  correction  law,  as  amended  by  chapter  491  of the laws of 2021, is
    47  amended to read as follows:
    48    (a) A merit termination granted by the department under  this  section
    49  shall  constitute a termination of the sentence with respect to which it
    50  was granted. No such merit  termination  shall  be  granted  unless  the
    51  department  is  satisfied  that termination of sentence from presumptive
    52  release, parole, conditional release or post-release supervision  is  in
    53  the  best interest of society[, and that the parolee or releasee, other-
    54  wise financially able to comply with an order  of  restitution  and  the
    55  payment  of  any  mandatory  surcharge  previously imposed by a court of
        A. 4183                             5

     1  competent jurisdiction, has made a good faith effort  to  comply  there-
     2  with].
     3    § 12-c. Subdivisions 1 and 3 of section 259-j of the executive law, as
     4  amended by section 38-g of subpart A of part C of chapter 62 of the laws
     5  of 2011, are amended to read as follows:
     6    1.  Except where a determinate sentence was imposed for a felony other
     7  than a felony defined in article two  hundred  twenty  [or  article  two
     8  hundred  twenty-one]  of the penal law, if the board of parole is satis-
     9  fied that an absolute discharge from presumptive release, parole, condi-
    10  tional release or release to a period of post-release supervision is  in
    11  the  best  interests  of  society,  the board may grant such a discharge
    12  prior to the expiration of the full term or maximum term to  any  person
    13  who  has  been  on  unrevoked  community  supervision for at least three
    14  consecutive years. A discharge granted under this section shall  consti-
    15  tute a termination of the sentence with respect to which it was granted.
    16  [No  such  discharge shall be granted unless the board is satisfied that
    17  the parolee or releasee, otherwise financially able to  comply  with  an
    18  order  of  restitution  and  the payment of any mandatory surcharge, sex
    19  offender registration fee or DNA databank fee previously  imposed  by  a
    20  court  of competent jurisdiction, has made a good faith effort to comply
    21  therewith.]
    22    3. Notwithstanding any other provision of this section to the  contra-
    23  ry, where a term of post-release supervision in excess of five years has
    24  been  imposed  on  a  person convicted of a crime defined in article one
    25  hundred thirty of the penal law, including a sexually motivated  felony,
    26  the  board of parole may grant a discharge from post-release supervision
    27  prior to the expiration of the maximum term of post-release supervision.
    28  Such a discharge may be granted only after  the  person  has  served  at
    29  least  five  years of post-release supervision, and only to a person who
    30  has been on  unrevoked  post-release  supervision  for  at  least  three
    31  consecutive  years.  No such discharge shall be granted unless the board
    32  of parole or the department acting pursuant to its responsibility  under
    33  subdivision  one  of  section  two  hundred  one  of  the correction law
    34  consults with any  licensed  psychologist,  qualified  psychiatrist,  or
    35  other  mental  health professional who is providing care or treatment to
    36  the supervisee; and the board[: (a)] determines that  a  discharge  from
    37  post-release  supervision  is in the best interests of society[; and (b)
    38  is satisfied that the supervisee, otherwise financially able  to  comply
    39  with an order of restitution and the payment of any mandatory surcharge,
    40  sex  offender  registration fee, or DNA data bank fee previously imposed
    41  by a court of competent jurisdiction, has made a good  faith  effort  to
    42  comply  therewith].  Before making a determination to discharge a person
    43  from a period of post-release  supervision,  the  board  of  parole  may
    44  request  that  the commissioner of the office of mental health arrange a
    45  psychiatric evaluation of the supervisee. A discharge granted under this
    46  section shall constitute a termination of the sentence with  respect  to
    47  which it was granted.
    48    §  13.  Subdivision  5  of  section 27.12 of the parks, recreation and
    49  historic preservation law is REPEALED and subdivision  6  is  renumbered
    50  subdivision 5.
    51    §  14.  Subdivision  4 of section 60.02 of the penal law is renumbered
    52  subdivision 3.
    53    § 15. Subparagraph (i) of paragraph (j-1) of subdivision 2 of  section
    54  503  of  the vehicle and traffic law, as amended by section 3 of part PP
    55  of chapter 59 of the laws of 2009, is amended to read as follows:
        A. 4183                             6

     1    (i) When a license issued pursuant to this article, or a privilege  of
     2  operating  a  motor  vehicle  or  of  obtaining such a license, has been
     3  suspended based upon a failure to  answer  an  appearance  ticket  or  a
     4  summons  [or  failure  to  pay  a fine, penalty or mandatory surcharge],
     5  pursuant  to subdivision three of section two hundred twenty-six, subdi-
     6  vision four of section two hundred twenty-seven, or  subdivision  four-a
     7  of  section  five hundred ten [or subdivision five-a of section eighteen
     8  hundred nine] of this chapter, such suspension shall  remain  in  effect
     9  until  a termination of a suspension fee of seventy dollars [is paid] to
    10  the court or tribunal that initiated the suspension of such  license  or
    11  privilege. In no event may the aggregate of the fees imposed by an indi-
    12  vidual  court  pursuant  to  this  paragraph  for the termination of all
    13  suspensions that may be terminated as a result of a person's answers, or
    14  appearances [or payments] made in such cases pending before  such  indi-
    15  vidual court exceed four hundred dollars. For the purposes of this para-
    16  graph,  the various locations of the administrative tribunal established
    17  under article two-A of this chapter shall be  considered  an  individual
    18  court.
    19    §  16.  Section  4-411 of the village law, as amended by section 12 of
    20  part F of chapter 62 of the laws of 2003, is amended to read as follows:
    21    § 4-411 Disposition  of  fines  and  penalties.  Except  as  otherwise
    22  provided  by law, all fines and penalties imposed for the violation of a
    23  village local law, ordinance or regulation shall be the property of  the
    24  village,  whether  or  not  the  village  has  established the office of
    25  village justice. [Nothing in this section shall be deemed to affect  the
    26  disposition of mandatory surcharges, sex offender registration fees, DNA
    27  databank  fees  or  crime  victim assistance fees as provided by section
    28  60.35 of the penal law,  or  of  mandatory  surcharges  as  provided  by
    29  section  eighteen  hundred  nine  of  the vehicle and traffic law, or of
    30  fines, penalties and forfeitures as provided by section eighteen hundred
    31  three of the vehicle and traffic law relating to traffic offenses.]
    32    § 17. Subdivision 2 of section 837-i of the executive law, as added by
    33  chapter 166 of the laws of 1991, is amended to read as follows:
    34    2. The commissioner in consultation with the chief executive  officers
    35  of  cities  with  a population in excess of one hundred thousand persons
    36  according to the nineteen hundred  eighty  United  States  census  shall
    37  establish a system to record and monitor the issuance and disposition of
    38  parking  tickets[,  to monitor the collection of the mandatory surcharge
    39  required by section eighteen hundred nine-a of the vehicle  and  traffic
    40  law]  and to receive information from cities for this purpose. Each such
    41  city shall report on such parking violations on a monthly basis  in  the
    42  form and manner prescribed by the commissioner including, but not limit-
    43  ed  to, the parking tickets issued, the dispositions of such tickets and
    44  the  amount  of  fines[,]  and  penalties  [and  mandatory   surcharges]
    45  collected.  The  commissioner  shall  collect,  process and analyze such
    46  information and present  periodic  reports  on  the  parking  violations
    47  enforcement and disposition program.
    48    § 18. Section 837-j of the executive law is REPEALED.
    49    § 19. Subdivision 1 of section 837-i of the executive law, as added by
    50  chapter 166 of the laws of 1991, is amended to read as follows:
    51    1.  The  commissioner,  in  cooperation  with  the commissioner of the
    52  department of motor vehicles, and in consultation with the chief  execu-
    53  tive officers of cities with a population in excess of one hundred thou-
    54  sand  persons  according  to  the  nineteen hundred eighty United States
    55  census shall prescribe the form and content of uniform  parking  tickets
    56  for  such  cities in all cases involving a parking, standing or stopping
        A. 4183                             7

     1  violation as defined in accordance with the  vehicle  and  traffic  law,
     2  hereinafter  referred  to  as  parking  violations, or of any local law,
     3  ordinance, rule or regulation adopted pursuant to the vehicle and  traf-
     4  fic law relating to parking violations. [Upon written application of the
     5  chief  executive  officer  of  any  such  city,  the commissioner, after
     6  consultation with the commissioner of the department of motor  vehicles,
     7  may authorize the use of a parking ticket other than the uniform parking
     8  ticket  prescribed pursuant to this section if he or she determines that
     9  use of such other parking ticket is not inconsistent with, and will  not
    10  diminish  the  effectiveness  of, the parking violations enforcement and
    11  disposition program established pursuant to section eight hundred  thir-
    12  ty-seven-j  of this chapter, and may also authorize for a specified time
    13  period the use of a parking ticket which was used by  such  city  on  or
    14  before the effective date of this section.]
    15    §  20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of
    16  section 235 of the vehicle and traffic law, as separately added by chap-
    17  ters 421, 460, and 773 of the laws  of  2021,  is  amended  to  read  as
    18  follows:
    19    (E) that submission of a plea of guilty to the parking violation makes
    20  the owner liable for payment of the stated fine and additional penalties
    21  imposed  pursuant  to paragraph b of this subdivision [and the mandatory
    22  surcharge of fifteen dollars imposed upon parking violations pursuant to
    23  section eighteen hundred nine-a of this chapter].
    24    § 21. Subdivision 4 of section 1203-g of the vehicle and traffic  law,
    25  as  added  by  chapter  497  of  the laws of 1999, is amended to read as
    26  follows:
    27    4. Every county and the city of New  York  that  establishes  a  hand-
    28  icapped parking education program shall establish a separate handicapped
    29  parking  education  fund  in  the custody of the chief fiscal officer of
    30  each such county or city, by April first,  two  thousand[,  which  shall
    31  consist  of  moneys  granted  to such county or city pursuant to section
    32  eighteen hundred nine-b of this chapter]. No provision of law  shall  be
    33  deemed to preclude a county or the city of New York from receiving funds
    34  [from  other  sources] to be deposited in the handicapped parking educa-
    35  tion fund, provided such funds are used in a  manner  and  for  purposes
    36  consistent with this section. The moneys of such fund shall be disbursed
    37  to  provide  education,  advocacy and increased awareness of handicapped
    38  parking laws and may be used to execute contracts with private organiza-
    39  tions for such purposes. Such contracts shall be  awarded  upon  compet-
    40  itive bids after the issuance of requests for proposal.
    41    § 22. Subdivision 2 of section 99-n of the state finance law, as added
    42  by chapter 223 of the laws of 2005, is amended to read as follows:
    43    2.  The  fund  shall  consist  of  all  monies  appropriated  for  its
    44  purpose[,] and  all  monies  required  by  this  section  or  any  other
    45  provision of law to be paid into or credited to such fund[, collected by
    46  the  mandatory surcharges imposed pursuant to subdivision one of section
    47  eighteen hundred  nine-d  of  the  vehicle  and  traffic  law].  Nothing
    48  contained in this section shall prevent the department of motor vehicles
    49  from  receiving  grants  or other appropriations for the purposes of the
    50  fund as defined in this  section  and  depositing  them  into  the  fund
    51  according to law.
    52    §  23.  This  act shall take effect immediately; provided however that
    53  the amendments to subdivision (f) of section 1101 of the civil  practice
    54  law and rules made by section ten of this act shall not affect the expi-
    55  ration  of such subdivision and shall be deemed to expire therewith; and
    56  provided further, however, that  the  amendments  to  paragraph  (a)  of
        A. 4183                             8

     1  subdivision  2  of  section  259-i  of the executive law made by section
     2  eleven of this act shall be subject to the expiration and  reversion  of
     3  such  paragraph  pursuant to subdivision d of section 74 of chapter 3 of
     4  the  laws  of  1995,  as  amended, when upon such date the provisions of
     5  section twelve of this act shall take effect.

     6                                   PART B

     7    Section 1. The penal law is amended by adding a new section  80.20  to
     8  read as follows:
     9  § 80.20 Mandatory minimum fines prohibited.
    10    Notwithstanding  any  other provision of law, no offense shall carry a
    11  mandatory minimum fine.
    12    § 2. Section 1800 of the vehicle and traffic law is amended by  adding
    13  a new subdivision (j) to read as follows:
    14    (j)  Notwithstanding  any other provision of law, no offense described
    15  in this chapter shall carry a mandatory minimum fine.
    16    § 3. This act shall take effect immediately.

    17                                   PART C

    18    Section 1. Section 80.05 of the penal law is amended by adding  a  new
    19  subdivision 7 to read as follows:
    20    7.  Individualized  assessment.  When  imposing a fine pursuant to the
    21  provisions of this section, the court shall consider the  profit  gained
    22  by the defendant's conduct, whether the amount of the fine is dispropor-
    23  tionate to the conduct in which the defendant engaged, the impact on any
    24  victims,  and  the  defendant's  economic  circumstances,  including the
    25  defendant's ability to pay, the effect of the fine upon his or her imme-
    26  diate family or any other persons to whom the defendant  owes  an  obli-
    27  gation  of  support.  In  addition, when imposing a fine the court shall
    28  establish such payment schedules as are fair and reasonable taking  into
    29  consideration the defendant's economic circumstances.
    30    §  2.  The  vehicle and traffic law is amended by adding a new section
    31  1811 to read as follows:
    32    § 1811. Fines; individualized assessment. When imposing a fine  pursu-
    33  ant  to  the  provisions  of  this section, the court shall consider the
    34  profit gained by the defendant's conduct, whether the amount of the fine
    35  is disproportionate to the conduct in which the defendant  engaged,  the
    36  impact  on  any  victims,  and  the  defendant's economic circumstances,
    37  including the defendant's ability to pay, the effect of  the  fine  upon
    38  his  or  her immediate family or any other persons to whom the defendant
    39  owes an obligation of support. In addition, when  imposing  a  fine  the
    40  court  shall establish such payment schedules as are fair and reasonable
    41  taking into consideration the defendant's economic circumstances.
    42    § 3. Collection and reporting on data relating to fines. (a) It  shall
    43  be  the  duty  of a court of record or administrative tribunal to report
    44  data to the division of criminal justice services on the disposition and
    45  collection of all fines imposed pursuant to the penal  law  and  vehicle
    46  and traffic law. Such data shall include, at minimum, information on the
    47  number  of  fines  imposed;  the provision of law pursuant to which each
    48  fine was imposed; the amount of the fine;  the  court  that  issued  the
    49  fine; the outcome of any individualized assessment conducted pursuant to
    50  section  80.05 of the penal law or section 1811 of the vehicle and traf-
    51  fic law; the amount of the fine that has been  paid,  if  any;  and  the
        A. 4183                             9

     1  race,  ethnicity,  age,  and  sex  of  the  person for whom the fine was
     2  imposed.
     3    (b)  All  data  collected  pursuant  to this section shall be a public
     4  record. The division shall be charged with compiling  such  data  in  an
     5  annual report to be made available on the division's website.
     6    § 4. This act shall take effect immediately.

     7                                   PART D

     8    Section  1.  Subdivisions  3  and  4 of section 420.10 of the criminal
     9  procedure law are REPEALED.
    10    § 2. Section 420.35 of the criminal procedure law is REPEALED.
    11    § 3. Subdivision 5 of section 420.10 of the criminal procedure law, as
    12  separately amended by chapters 233 and 506 of  the  laws  of  1985,  the
    13  second  undesignated  paragraph as amended by chapter 618 of the laws of
    14  1992, the closing paragraph as amended by chapter 322  of  the  laws  of
    15  2021, is amended to read as follows:
    16    5.  Application  for  resentence.  In  any case where the defendant is
    17  unable to pay a fine, restitution or reparation imposed by the court, he
    18  may at any time apply to the court for resentence. In such case, if  the
    19  court  is satisfied that the defendant is unable to pay the fine, resti-
    20  tution or reparation it must:
    21    (a) Adjust the terms of payment; or
    22    (b) Lower the amount of the fine,  restitution  or  reparation  to  an
    23  amount  the  defendant  is  able  to pay, or revoke it entirely from the
    24  sentence if the defendant has no ability to pay; or
    25    (c) [Where the sentence consists of probation or  imprisonment  and  a
    26  fine,  restitution  or  reparation,  revoke  the portion of the sentence
    27  imposing the fine, restitution or reparation; or
    28    (d)] Revoke the entire sentence imposed and resentence the  defendant.
    29  Upon  such  resentence  the  court may impose any sentence it originally
    30  could have imposed, except that the amount of any fine,  restitution  or
    31  reparation  imposed  may not be in excess of the amount the defendant is
    32  able to pay and that the court may not sentence  the  defendant  to  any
    33  term  of  imprisonment, probation, or post-release supervision in excess
    34  of any such term imposed by the original sentence.
    35    In any case where the defendant applies for resentencing with  respect
    36  to  any  condition of the sentence relating to restitution or reparation
    37  the court must order that notice of such application  and  a  reasonable
    38  opportunity  to  be heard be given to the person or persons given notice
    39  pursuant to subdivision one of this section. If  the  court  grants  the
    40  defendant's  application  by changing the original order for restitution
    41  or reparation in any manner, the court must place the  reasons  therefor
    42  on the record.
    43    [For  the  purposes of this subdivision, the court shall not determine
    44  that the defendant is unable to pay the fine, restitution or  reparation
    45  ordered  solely  because  of  such  defendant's  incarceration but shall
    46  consider all the defendant's sources of income including, but not limit-
    47  ed to, moneys in the possession of an  incarcerated  individual  at  the
    48  time  of his or her admission into such facility, funds earned by him or
    49  her in a work release program as defined in subdivision four of  section
    50  one  hundred  fifty of the correction law, funds earned by him or her as
    51  provided for in section one hundred eighty-seven of the  correction  law
    52  and  any  other funds received by him or her or on his or her behalf and
    53  deposited with the superintendent  or  the  municipal  official  of  the
    54  facility where the person is confined.]
        A. 4183                            10

     1    In  determining  whether  an  incarcerated  defendant is able to pay a
     2  fine, restitution, or reparation, the court shall  not  consider  income
     3  earned  pursuant to subdivision four of section one hundred fifty of the
     4  correction law, income earned pursuant to section  one  hundred  eighty-
     5  seven  of  the  correction law, or funds received by the defendant or on
     6  the defendant's behalf and deposited  with  the  superintendent  or  the
     7  municipal official of the facility where the person is confined.
     8    § 4. Subdivision 1 of section 420.30 of the criminal procedure law, as
     9  amended by chapter 3 of the laws of 1995, is amended to read as follows:
    10    1.  Applicability.  The  procedure  specified  in this section governs
    11  remission of fines, restitution or reparation [in all cases not  covered
    12  by subdivision four of section 420.10].
    13    §  5.  The  criminal  procedure law is amended by adding a new section
    14  420.11 to read as follows:
    15  § 420.11 Warrants and sentences of incarceration; effectiveness.
    16    1. All warrants issued prior to the effective  date  of  this  section
    17  pursuant  to  the  provisions  of subdivision three of section 420.10 of
    18  this article as such subdivision existed prior to the effective date  of
    19  this  section and/or the provisions of subdivision one of section 420.35
    20  of this article as such subdivision existed prior to the effective  date
    21  of  this  section  solely  based on the alleged failure on the part of a
    22  defendant to timely pay, and/or to appear on a court date  set  for  the
    23  sole  purpose of payment of, a fine, restitution, reparation, surcharge,
    24  DNA databank fee, crime victim assistance fee, sexual offender registra-
    25  tion fee, and/or supplemental sex offender victim fee, are deemed to  be
    26  null and void.
    27    2. The office of court administration, in consultation with such other
    28  state  or municipal agencies as necessary, shall establish procedures to
    29  formally rescind all warrants issued prior to the effective date of this
    30  section pursuant to the  provisions  of  subdivision  three  of  section
    31  420.10  of  this article as such subdivision existed prior to the effec-
    32  tive date of this section and/or the provisions of  subdivision  one  of
    33  section  420.35 of this article as such subdivision existed prior to the
    34  effective date of this section solely based on the  alleged  failure  on
    35  the  part of a defendant to timely pay, and/or to appear on a court date
    36  set for the sole purpose of payment of, a fine, restitution, reparation,
    37  surcharge, DNA databank fee, crime victim assistance fee, sexual  offen-
    38  der  registration fee, and/or supplemental sex offender victim fee. Such
    39  procedures shall not require any affirmative actions on the part of  any
    40  defendant  subject  to  any  such  warrant.    Such  procedures shall be
    41  designed and implemented so as to accomplish the rescinding of all  such
    42  warrants within six months of the effective date of this section.
    43    3.  All sentences of incarceration imposed prior to the effective date
    44  of this section pursuant to  the  provisions  of  subdivision  three  of
    45  section  420.10 of this article as such subdivision existed prior to the
    46  effective date of this section, subdivision five of  section  420.10  of
    47  this  article, or section 420.35 of this article as such section existed
    48  prior to the effective date of this section based solely on the  alleged
    49  failure  on the part of a defendant to timely pay, or timely appear on a
    50  court date scheduled for the purposes of payment of,  a  fine,  restitu-
    51  tion,  reparation,  surcharge, DNA databank fee, crime victim assistance
    52  fee, sexual offender registration  fee,  or  supplemental  sex  offender
    53  victim  fee are deemed to be null and void and any person serving such a
    54  sentence shall be released from custody immediately.
    55    4. The office of court administration, in consultation with such other
    56  state or municipal agencies as is necessary, shall establish  procedures
        A. 4183                            11

     1  to  formally rescind all sentences of incarceration imposed prior to the
     2  effective date of this section pursuant to the provisions of subdivision
     3  three of section 420.10 of this  article  as  such  subdivision  existed
     4  prior  to  the  effective date of this section or section 420.35 of this
     5  article as such section existed prior to  the  effective  date  of  this
     6  section  based  solely on the alleged failure on the part of a defendant
     7  to timely pay a fine, restitution, reparation, surcharge,  DNA  databank
     8  fee,  crime  victim assistance fee, sexual offender registration fee, or
     9  supplemental sex offender victim fee.  Such procedures shall not require
    10  any affirmative actions on the part of any defendant subject to any such
    11  sentence.
    12    § 6. Subdivision 1 of section 430.20 of the criminal procedure law, as
    13  amended by chapter 788 of the laws  of  1971,  is  amended  to  read  as
    14  follows:
    15    1. In general. When a sentence of imprisonment is pronounced, [or when
    16  th  sentence  consists  of  a  fine  and the court has directed that the
    17  defendant be imprisoned until  it  is  satisfied,]  the  defendant  must
    18  forthwith  be committed to the custody of the appropriate public servant
    19  and detained until the sentence is complied with.
    20    § 7. Subdivision 5 of section 430.20 of the criminal procedure law  is
    21  REPEALED.
    22    § 8. This act shall take effect immediately.

    23                                   PART E

    24    Section  1. All unsatisfied civil judgments issued prior to the effec-
    25  tive date of this act pursuant to the provisions  of  subdivision  5  of
    26  section 420.40 of the criminal procedure law solely based on the alleged
    27  failure  on the part of a defendant to timely pay, and/or to appear on a
    28  court date set for the sole purpose of payment of a surcharge, DNA data-
    29  bank fee, crime victim assistance fee, sexual offender registration fee,
    30  or supplemental sex offender victim fee are deemed to be null  and  void
    31  and, for all legal purposes, vacated and discharged.
    32    §  2.  The  office  of court administration, in consultation with such
    33  other state or municipal agencies as necessary, shall  establish  proce-
    34  dures  to  formally vacate and discharge all unsatisfied civil judgments
    35  entered prior to  the  effective  date  of  this  act  pursuant  to  the
    36  provisions  of subdivision 5 of section 420.40 of the criminal procedure
    37  law solely based on the alleged failure on the part of  a  defendant  to
    38  timely pay, and/or to appear on a court date set for the sole purpose of
    39  payment  of, a surcharge, DNA databank fee, crime victim assistance fee,
    40  sexual offender registration fee, or supplemental  sex  offender  victim
    41  fee.  Such  procedures  shall not require any affirmative actions on the
    42  part of any defendant subject to any such civil judgment.   Such  proce-
    43  dures  shall be designed and implemented so as to accomplish the vacatur
    44  and discharge of all such civil  judgments  within  six  months  of  the
    45  effective date of this act.
    46    §  3. Subdivision 3 of section 420.30 of the criminal procedure law is
    47  REPEALED.
    48    § 4. This act shall take effect immediately.

    49                                   PART F

    50    Section 1. Section 420.10 of the criminal procedure law is amended  by
    51  adding a new subdivision 9 to read as follows:
        A. 4183                            12

     1    9.  In  no  case shall a fine, restitution, or reparation be collected
     2  out of the funds of a person who is  presently  incarcerated,  including
     3  funds  earned  by  the  person  in  a work release program as defined in
     4  subdivision four of section one hundred fifty  of  the  correction  law,
     5  funds  earned by a person as provided for in section one hundred eighty-
     6  seven of the correction law, and any other funds received by the  person
     7  or  on  the person's behalf and deposited with the superintendent or the
     8  municipal official of the facility where the person is confined.
     9    § 2. Section 154 of the correction law, as added by chapter 788 of the
    10  laws of 1968, subdivision 4 as amended by section 3 of part F of chapter
    11  62 of the laws of 2003, is amended to read as follows:
    12    § 154. Disposition of Earnings. The earnings of a prisoner participat-
    13  ing in a work release program, less any payroll deductions  required  or
    14  authorized  by  law,  shall  be deposited with the department in a trust
    15  fund account. Such earnings  shall  not  be  subject  to  attachment  or
    16  garnishment  in the hands of the department. The commissioner is author-
    17  ized to provide for disbursements from the trust fund account for any or
    18  all of the following purposes:
    19    1. Such costs incident to the prisoner's confinement  as  the  commis-
    20  sioner deems appropriate and reasonable.
    21    2.  Such  costs  related to the prisoner's work release program as the
    22  commissioner deems appropriate and reasonable.
    23    3. Support of the prisoner's dependents.
    24    [4. Payment of court fines, mandatory surcharge, sex  offender  regis-
    25  tration  fee,  DNA  databank  fee, restitution or reparation, or forfei-
    26  tures.]
    27    The balance of such earnings, if any, after disbursements for  any  of
    28  the foregoing purposes shall be paid to the prisoner upon termination of
    29  his imprisonment.
    30    § 3. This act shall take effect immediately.

    31                                   PART G

    32    Section  1.  All orders issued prior to the effective date of this act
    33  directing payment by a defendant of a surcharge, DNA databank fee, crime
    34  victim assistance fee, sexual offender  registration  fee,  supplemental
    35  sex offender victim fee, probation supervision fee or parole supervision
    36  fee  are  deemed  to be null and void and, such orders are for all legal
    37  purposes, vacated and discharged.  Pursuant to this section, any  exist-
    38  ing  encumbrances  on  commissary accounts or similar accounts held by a
    39  correctional facility, jail, or detention facility shall be  lifted  and
    40  deemed null and void.
    41    § 2. This act shall take effect immediately.
    42    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    43  sion,  section  or  part  of  this act shall be adjudged by any court of
    44  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    45  impair,  or  invalidate  the remainder thereof, but shall be confined in
    46  its operation to the clause, sentence, paragraph,  subdivision,  section
    47  or part thereof directly involved in the controversy in which such judg-
    48  ment shall have been rendered. It is hereby declared to be the intent of
    49  the  legislature  that  this  act  would  have been enacted even if such
    50  invalid provisions had not been included herein.
    51    § 4. This act shall take effect immediately  provided,  however,  that
    52  the  applicable effective date of Parts A through G of this act shall be
    53  as specifically set forth in the last section of such Parts.