Bill Text: NY S03457 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to allowing a court to waive certain surcharges and fees; authorizes a court to waive certain surcharges and fees for a defendant under the age of 21 under certain circumstances.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Passed) 2020-08-24 - signed chap.144 [S03457 Detail]

Download: New_York-2019-S03457-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3457
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 7, 2019
                                       ___________
        Introduced  by  Sens.  MONTGOMERY,  BENJAMIN,  BRESLIN, JACKSON, PARKER,
          PERSAUD, RAMOS, SALAZAR, SANDERS, SEPULVEDA, THOMAS -- read twice  and
          ordered  printed, and when printed to be committed to the Committee on
          Codes
        AN ACT to amend the criminal procedure law, in relation  to  allowing  a
          court  to  waive  certain  surcharges  and fees; and to repeal certain
          provisions of the penal law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 2 of section 420.35 of the criminal procedure
     2  law, as amended by chapter 189 of the laws of 2018, is amended and a new
     3  subdivision 2-a is added to read as follows:
     4    2. [Under] Except as provided in this subdivision or subdivision two-a
     5  of this section, under no circumstances shall the  mandatory  surcharge,
     6  sex  offender  registration  fee,  DNA  databank fee or the crime victim
     7  assistance fee be waived [provided, however, that a court may waive  the
     8  crime  victim  assistance  fee if such defendant is an eligible youth as
     9  defined in subdivision two of section 720.10 of this  chapter,  and  the
    10  imposition  of  such  fee  would  work  an  unreasonable hardship on the
    11  defendant, his or her immediate family,  or  any  other  person  who  is
    12  dependent  on such defendant for financial support]. A court shall waive
    13  any mandatory surcharge, DNA databank fee and  crime  victim  assistance
    14  fee when: (i) the defendant is convicted of loitering for the purpose of
    15  engaging in prostitution under section 240.37 of the penal law (provided
    16  that  the  defendant  was  not convicted of loitering for the purpose of
    17  patronizing a person for prostitution); (ii) the defendant is  convicted
    18  of prostitution under section 230.00 of the penal law; (iii) the defend-
    19  ant  is convicted of a violation in the event such conviction is in lieu
    20  of a plea to or conviction for loitering for the purpose of engaging  in
    21  prostitution  under  section  240.37 of the penal law (provided that the
    22  defendant was not alleged to be loitering for the purpose of patronizing
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06369-01-9
        S. 3457                             2
     1  a person for prostitution) or prostitution under section 230.00  of  the
     2  penal  law;  or (iv) the court finds that a defendant is a victim of sex
     3  trafficking under section 230.34 of the penal law or a victim  of  traf-
     4  ficking  in persons under the trafficking victims protection act (United
     5  States Code, Title 22, Chapter 78); or (v)  the  court  finds  that  the
     6  defendant  is  a  victim  of  sex  trafficking  of a child under section
     7  230.34-a of the penal law.
     8    2-a. A court may waive any mandatory surcharge, additional  surcharge,
     9  town or village surcharge, the crime victim assistance fee, DNA databank
    10  fee,  sex  offender  registration  fee  and/or supplemental sex offender
    11  victim fee when the court finds that the defendant was under the age  of
    12  twenty-one at the time the offense was committed and:
    13    (a) the imposition of such surcharge or fee would work an unreasonable
    14  hardship  on  the  defendant,  his or her immediate family, or any other
    15  person who is dependent on such defendant for financial support; or
    16    (b) after considering the goal of promoting successful and  productive
    17  reentry  and  reintegration  as  set forth in subdivision six of section
    18  1.05 of the penal law, the imposition of such  surcharge  or  fee  would
    19  adversely impact the defendant's reintegration into society; or
    20    (c) the interests of justice.
    21    § 2. Subdivision 3 of section 420.30 of the criminal procedure law, as
    22  amended  by  section  5  of part F of chapter 56 of the laws of 2004, is
    23  amended to read as follows:
    24    3. Restrictions. [In] Except as provided for in subdivision  two-a  of
    25  section 420.35 of this article, in no event shall a mandatory surcharge,
    26  sex  offender registration fee, DNA databank fee or crime victim assist-
    27  ance fee be remitted [provided, however, that  a  court  may  waive  the
    28  crime  victim  assistance  fee if such defendant is an eligible youth as
    29  defined in subdivision two of section 720.10 of this  chapter,  and  the
    30  imposition  of  such  fee  would  work  an  unreasonable hardship on the
    31  defendant, his or her immediate family,  or  any  other  person  who  is
    32  dependent on such defendant for financial support].
    33    § 3. Subdivision 10 of section 60.35 of the penal law is REPEALED.
    34    § 4. Subdivision 3 of section 60.02 of the penal law is REPEALED.
    35    § 5. This act shall take effect immediately.