Bill Text: NY S03979 | 2021-2022 | General Assembly | Amended
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 23-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S03979 Detail]
Download: New_York-2021-S03979-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3979--C 2021-2022 Regular Sessions IN SENATE February 1, 2021 ___________ Introduced by Sens. SALAZAR, BRISPORT, BROUK, COMRIE, COONEY, HOYLMAN, JACKSON, KAVANAGH, MYRIE, PARKER, RAMOS, RIVERA, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, 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. LBD02794-12-1S. 3979--C 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: 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.S. 3979--C 3 1 § 10. The opening paragraph of paragraph 2 of subdivision (f) of 2 section 1101 of the civil practice law and rules, as amended by chapter 3 322 of the laws of 2021, is amended to read as follows: 4 If the court determines that the incarcerated individual has insuffi- 5 cient means to pay the full filing fee, the court may permit the incar- 6 cerated individual to pay a reduced filing fee, the minimum of which 7 shall not be less than fifteen dollars and the maximum of which shall 8 not be more than fifty dollars. The court shall require an initial 9 payment of such portion of the reduced filing fee as the incarcerated 10 individual can reasonably afford or shall authorize no initial payment 11 of the fee if exceptional circumstances render the incarcerated individ- 12 ual unable to pay any fee; provided however, that the difference between 13 the amount of the reduced filing fee and the amount paid by the incar- 14 cerated individual in the initial partial payment shall be assessed 15 against the incarcerated individual as an outstanding obligation to be 16 collected either by the superintendent or the municipal official of the 17 facility at which the incarcerated individual is confined, as the case 18 may be[, in the same manner that mandatory surcharges are collected as19provided for in subdivision five of section 60.35 of the penal law]. The 20 court shall notify the superintendent or the municipal official of the 21 facility where the incarcerated individual is housed of the amount of 22 the reduced filing fee that was not directed to be paid by the incarcer- 23 ated individual. Thereafter, the superintendent or the municipal offi- 24 cial shall forward to the court any fee obligations that have been 25 collected, provided however, that: 26 § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive 27 law, as amended by section 11 of chapter 322 of the laws of 2021, is 28 amended to read as follows: 29 (a) (i) Except as provided in subparagraph (ii) of this paragraph, at 30 least one month prior to the date on which an incarcerated individual 31 may be paroled pursuant to subdivision one of section 70.40 of the penal 32 law, a member or members as determined by the rules of the board shall 33 personally interview such incarcerated individual and determine whether 34 he or she should be paroled in accordance with the guidelines adopted 35 pursuant to subdivision four of section two hundred fifty-nine-c of this 36 article. If parole is not granted upon such review, the incarcerated 37 individual shall be informed in writing within two weeks of such appear- 38 ance of the factors and reasons for such denial of parole. Such reasons 39 shall be given in detail and not in conclusory terms. The board shall 40 specify a date not more than twenty-four months from such determination 41 for reconsideration, and the procedures to be followed upon reconsider- 42 ation shall be the same. If the incarcerated individual is released, he 43 or she shall be given a copy of the conditions of parole. Such condi- 44 tions shall where appropriate, include a requirement that the parolee 45 comply with any restitution order, [mandatory surcharge, sex offender46registration fee and DNA databank fee] previously imposed by a court of 47 competent jurisdiction that applies to the parolee. The conditions shall 48 indicate which restitution collection agency established under subdivi- 49 sion eight of section 420.10 of the criminal procedure law, shall be 50 responsible for collection of restitution[, mandatory surcharge, sex51offender registration fees and DNA databank fees as provided for in52section 60.35 of the penal law and section eighteen hundred nine of the53vehicle and traffic law]. 54 (ii) Any incarcerated individual who is scheduled for presumptive 55 release pursuant to section eight hundred six of the correction law 56 shall not appear before the board as provided in subparagraph (i) ofS. 3979--C 4 1 this paragraph unless such incarcerated individual's scheduled presump- 2 tive release is forfeited, canceled, or rescinded subsequently as 3 provided in such law. In such event, the incarcerated individual shall 4 appear before the board for release consideration as provided in subpar- 5 agraph (i) of this paragraph as soon thereafter as is practicable. 6 § 11-a. Paragraph (a) of subdivision 2 of section 259-i of the execu- 7 tive law, as separately amended by section 7 of chapter 103 and section 8 11-a of chapter 322 of the laws of 2021, is amended to read as follows: 9 (a) At least one month prior to the expiration of the minimum period 10 or periods of imprisonment fixed by the court or board, a member or 11 members as determined by the rules of the board shall personally inter- 12 view an incarcerated individual serving an indeterminate sentence and 13 determine whether he or she should be paroled at the expiration of the 14 minimum period or periods in accordance with the procedures adopted 15 pursuant to subdivision four of section two hundred fifty-nine-c of this 16 article. If parole is not granted upon such review, the incarcerated 17 individual shall be informed in writing within two weeks of such appear- 18 ance of the factors and reasons for such denial of parole. Such reasons 19 shall be given in detail and not in conclusory terms. The board shall 20 specify a date not more than twenty-four months from such determination 21 for reconsideration, and the procedures to be followed upon reconsider- 22 ation shall be the same. If the incarcerated individual is released, he 23 or she shall be given a copy of the conditions of parole. Such condi- 24 tions shall where appropriate, include a requirement that the parolee 25 comply with any restitution order [and mandatory surcharge] previously 26 imposed by a court of competent jurisdiction that applies to the paro- 27 lee. The conditions shall indicate which restitution collection agency 28 established under subdivision eight of section 420.10 of the criminal 29 procedure law, shall be responsible for collection of restitution [and30mandatory surcharge as provided for in section 60.35 of the penal law31and section eighteen hundred nine of the vehicle and traffic law]. If 32 the [inmate] incarcerated individual is released, he or she shall also 33 be notified in writing that his or her voting rights will be restored 34 upon release. 35 § 12. Subparagraph (i) of paragraph (a) of subdivision 2 of section 36 259-i of the executive law, as separately amended by chapters 103 and 37 322 of the laws of 2021, is amended to read as follows: 38 (i) Except as provided in subparagraph (ii) of this paragraph, at 39 least one month prior to the date on which an incarcerated individual 40 may be paroled pursuant to subdivision one of section 70.40 of the penal 41 law, a member or members as determined by the rules of the board shall 42 personally interview such incarcerated individual and determine whether 43 he or she should be paroled in accordance with the guidelines adopted 44 pursuant to subdivision four of section two hundred fifty-nine-c of this 45 article. If parole is not granted upon such review, the incarcerated 46 individual shall be informed in writing within two weeks of such appear- 47 ance of the factors and reasons for such denial of parole. Such reasons 48 shall be given in detail and not in conclusory terms. The board shall 49 specify a date not more than twenty-four months from such determination 50 for reconsideration, and the procedures to be followed upon reconsider- 51 ation shall be the same. If the incarcerated individual is released, he 52 or she shall be given a copy of the conditions of parole. Such condi- 53 tions shall where appropriate, include a requirement that the parolee 54 comply with any restitution order[, mandatory surcharge, sex offender55registration fee and DNA databank fee] previously imposed by a court of 56 competent jurisdiction that applies to the parolee. The conditions shallS. 3979--C 5 1 indicate which restitution collection agency established under subdivi- 2 sion eight of section 420.10 of the criminal procedure law, shall be 3 responsible for collection of restitution[, mandatory surcharge, sex4offender registration fees and DNA databank fees as provided for in5section 60.35 of the penal law and section eighteen hundred nine of the6vehicle and traffic law]. If the [inmate] incarcerated individual is 7 released, he or she shall also be notified in writing that his or her 8 voting rights will be restored upon release. 9 § 12-a. Subdivision 9 of section 201 of the correction law is 10 REPEALED. 11 § 12-b. Section 257-c of the executive law is REPEALED and a new 12 section 257-c is added to read as follows: 13 § 257-c. Probation fees prohibited. Notwithstanding any other 14 provision of law, no county or city may require individuals currently 15 serving or who shall be sentenced to a period of probation upon 16 conviction of any crime to pay any fee, including but not limited to an 17 administrative fee, supervision fee, monitoring fee, testing fee, or 18 screening fee, to the local probation department with the responsibility 19 of supervising the probationer. Nothing in this section shall be 20 construed to affect the collection of restitution payments pursuant to 21 sections 65.10 and 60.27 of the penal law and subdivision eight of 22 section 420.10 of the criminal procedure law. 23 § 12-c. Subdivision 2 of section 205 of the correction law, as added 24 by section 32 of subpart A of part C of chapter 62 of the laws of 2011, 25 is amended to read as follows: 26 2. A merit termination granted by the department under this section 27 shall constitute a termination of the sentence with respect to which it 28 was granted. No such merit termination shall be granted unless the 29 department is satisfied that termination of sentence from presumptive 30 release, parole, conditional release or post-release supervision is in 31 the best interest of society[, and that the parolee or releasee, other-32wise financially able to comply with an order of restitution and the33payment of any mandatory surcharge previously imposed by a court of34competent jurisdiction, has made a good faith effort to comply there-35with]. 36 § 12-d. Subdivisions 1 and 3 of section 259-j of the executive law, as 37 amended by section 38-g of subpart A of part C of chapter 62 of the laws 38 of 2011, are amended to read as follows: 39 1. Except where a determinate sentence was imposed for a felony other 40 than a felony defined in article two hundred twenty [or article two41hundred twenty-one] of the penal law, if the board of parole is satis- 42 fied that an absolute discharge from presumptive release, parole, condi- 43 tional release or release to a period of post-release supervision is in 44 the best interests of society, the board may grant such a discharge 45 prior to the expiration of the full term or maximum term to any person 46 who has been on unrevoked community supervision for at least three 47 consecutive years. A discharge granted under this section shall consti- 48 tute a termination of the sentence with respect to which it was granted. 49 [No such discharge shall be granted unless the board is satisfied that50the parolee or releasee, otherwise financially able to comply with an51order of restitution and the payment of any mandatory surcharge, sex52offender registration fee or DNA databank fee previously imposed by a53court of competent jurisdiction, has made a good faith effort to comply54therewith.] 55 3. Notwithstanding any other provision of this section to the contra- 56 ry, where a term of post-release supervision in excess of five years hasS. 3979--C 6 1 been imposed on a person convicted of a crime defined in article one 2 hundred thirty of the penal law, including a sexually motivated felony, 3 the board of parole may grant a discharge from post-release supervision 4 prior to the expiration of the maximum term of post-release supervision. 5 Such a discharge may be granted only after the person has served at 6 least five years of post-release supervision, and only to a person who 7 has been on unrevoked post-release supervision for at least three 8 consecutive years. No such discharge shall be granted unless the board 9 of parole or the department acting pursuant to its responsibility under 10 subdivision one of section two hundred one of the correction law 11 consults with any licensed psychologist, qualified psychiatrist, or 12 other mental health professional who is providing care or treatment to 13 the supervisee; and the board[: (a)] determines that a discharge from 14 post-release supervision is in the best interests of society[; and (b)15is satisfied that the supervisee, otherwise financially able to comply16with an order of restitution and the payment of any mandatory surcharge,17sex offender registration fee, or DNA data bank fee previously imposed18by a court of competent jurisdiction, has made a good faith effort to19comply therewith]. Before making a determination to discharge a person 20 from a period of post-release supervision, the board of parole may 21 request that the commissioner of the office of mental health arrange a 22 psychiatric evaluation of the supervisee. A discharge granted under this 23 section shall constitute a termination of the sentence with respect to 24 which it was granted. 25 § 13. Subdivision 5 of section 27.12 of the parks, recreation and 26 historic preservation law is REPEALED and subdivision 6 is renumbered 27 subdivision 5. 28 § 14. Subdivision 4 of section 60.02 of the penal law is renumbered 29 subdivision 3. 30 § 15. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section 31 503 of the vehicle and traffic law, as amended by section 3 of part PP 32 of chapter 59 of the laws of 2009, is amended to read as follows: 33 (i) When a license issued pursuant to this article, or a privilege of 34 operating a motor vehicle or of obtaining such a license, has been 35 suspended based upon a failure to answer an appearance ticket or a 36 summons [or failure to pay a fine, penalty or mandatory surcharge], 37 pursuant to subdivision three of section two hundred twenty-six, subdi- 38 vision four of section two hundred twenty-seven, or subdivision four-a 39 of section five hundred ten [or subdivision five-a of section eighteen40hundred nine] of this chapter, such suspension shall remain in effect 41 until a termination of a suspension fee of seventy dollars [is paid] to 42 the court or tribunal that initiated the suspension of such license or 43 privilege. In no event may the aggregate of the fees imposed by an indi- 44 vidual court pursuant to this paragraph for the termination of all 45 suspensions that may be terminated as a result of a person's answers, or 46 appearances [or payments] made in such cases pending before such indi- 47 vidual court exceed four hundred dollars. For the purposes of this para- 48 graph, the various locations of the administrative tribunal established 49 under article two-A of this chapter shall be considered an individual 50 court. 51 § 16. Section 4-411 of the village law, as amended by section 12 of 52 part F of chapter 62 of the laws of 2003, is amended to read as follows: 53 § 4-411 Disposition of fines and penalties. Except as otherwise 54 provided by law, all fines and penalties imposed for the violation of a 55 village local law, ordinance or regulation shall be the property of the 56 village, whether or not the village has established the office ofS. 3979--C 7 1 village justice. [Nothing in this section shall be deemed to affect the2disposition of mandatory surcharges, sex offender registration fees, DNA3databank fees or crime victim assistance fees as provided by section460.35 of the penal law, or of mandatory surcharges as provided by5section eighteen hundred nine of the vehicle and traffic law, or of6fines, penalties and forfeitures as provided by section eighteen hundred7three of the vehicle and traffic law relating to traffic offenses.] 8 § 17. Subdivision 2 of section 837-i of the executive law, as added by 9 chapter 166 of the laws of 1991, is amended to read as follows: 10 2. The commissioner in consultation with the chief executive officers 11 of cities with a population in excess of one hundred thousand persons 12 according to the nineteen hundred eighty United States census shall 13 establish a system to record and monitor the issuance and disposition of 14 parking tickets[, to monitor the collection of the mandatory surcharge15required by section eighteen hundred nine-a of the vehicle and traffic16law] and to receive information from cities for this purpose. Each such 17 city shall report on such parking violations on a monthly basis in the 18 form and manner prescribed by the commissioner including, but not limit- 19 ed to, the parking tickets issued, the dispositions of such tickets and 20 the amount of fines[,] and penalties [and mandatory surcharges] 21 collected. The commissioner shall collect, process and analyze such 22 information and present periodic reports on the parking violations 23 enforcement and disposition program. 24 § 18. Section 837-j of the executive law is REPEALED. 25 § 19. Subdivision 1 of section 837-i of the executive law, as added by 26 chapter 166 of the laws of 1991, is amended to read as follows: 27 1. The commissioner, in cooperation with the commissioner of the 28 department of motor vehicles, and in consultation with the chief execu- 29 tive officers of cities with a population in excess of one hundred thou- 30 sand persons according to the nineteen hundred eighty United States 31 census shall prescribe the form and content of uniform parking tickets 32 for such cities in all cases involving a parking, standing or stopping 33 violation as defined in accordance with the vehicle and traffic law, 34 hereinafter referred to as parking violations, or of any local law, 35 ordinance, rule or regulation adopted pursuant to the vehicle and traf- 36 fic law relating to parking violations. [Upon written application of the37chief executive officer of any such city, the commissioner, after38consultation with the commissioner of the department of motor vehicles,39may authorize the use of a parking ticket other than the uniform parking40ticket prescribed pursuant to this section if he or she determines that41use of such other parking ticket is not inconsistent with, and will not42diminish the effectiveness of, the parking violations enforcement and43disposition program established pursuant to section eight hundred thir-44ty-seven-j of this chapter, and may also authorize for a specified time45period the use of a parking ticket which was used by such city on or46before the effective date of this section.] 47 § 20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of 48 section 235 of the vehicle and traffic law, as added by chapter 421 of 49 the laws of 2021, is amended to read as follows: 50 (E) that submission of a plea of guilty to the parking violation makes 51 the owner liable for payment of the stated fine and additional penalties 52 imposed pursuant to paragraph b of this subdivision [and the mandatory53surcharge of fifteen dollars imposed upon parking violations pursuant to54section eighteen hundred nine-a of this chapter].S. 3979--C 8 1 § 21. Subdivision 4 of section 1203-g of the vehicle and traffic law, 2 as added by chapter 497 of the laws of 1999, is amended to read as 3 follows: 4 4. Every county and the city of New York that establishes a hand- 5 icapped parking education program shall establish a separate handicapped 6 parking education fund in the custody of the chief fiscal officer of 7 each such county or city, by April first, two thousand[, which shall8consist of moneys granted to such county or city pursuant to section9eighteen hundred nine-b of this chapter]. No provision of law shall be 10 deemed to preclude a county or the city of New York from receiving funds 11 [from other sources] to be deposited in the handicapped parking educa- 12 tion fund, provided such funds are used in a manner and for purposes 13 consistent with this section. The moneys of such fund shall be disbursed 14 to provide education, advocacy and increased awareness of handicapped 15 parking laws and may be used to execute contracts with private organiza- 16 tions for such purposes. Such contracts shall be awarded upon compet- 17 itive bids after the issuance of requests for proposal. 18 § 22. Subdivision 2 of section 99-n of the state finance law, as added 19 by chapter 223 of the laws of 2005, is amended to read as follows: 20 2. The fund shall consist of all monies appropriated for its 21 purpose[,] and all monies required by this section or any other 22 provision of law to be paid into or credited to such fund[, collected by23the mandatory surcharges imposed pursuant to subdivision one of section24eighteen hundred nine-d of the vehicle and traffic law]. Nothing 25 contained in this section shall prevent the department of motor vehicles 26 from receiving grants or other appropriations for the purposes of the 27 fund as defined in this section and depositing them into the fund 28 according to law. 29 § 23. This act shall take effect immediately; provided however that 30 the amendments to subdivision (f) of section 1101 of the civil practice 31 law and rules made by section ten of this act shall not affect the expi- 32 ration of such subdivision and shall be deemed to expire therewith; 33 provided further, however, that the amendments to paragraph (a) of 34 subdivision 2 of section 259-i of the executive law made by section 35 eleven of this act shall be subject to the expiration and reversion of 36 such paragraph pursuant to subdivision d of section 74 of chapter 3 of 37 the laws of 1995, as amended, when upon such date the provisions of 38 section eleven-a of this act shall take effect; and provided further 39 that the amendments to subparagraph (i) of paragraph (a) of subdivision 40 2 of section 259-i of the executive law made by section twelve of this 41 act shall take effect on the same date and in the same manner as section 42 6 of chapter 103 of the laws of 2021; and provided further however that 43 the amendments to clause (E) of subparagraph 2 of paragraph a of subdi- 44 vision 2 of section 235 of the vehicle and traffic law made by section 45 twenty of this act shall take effect on the same date and in the same 46 manner as chapter 421 of the laws of 2021, takes effect. 47 PART B 48 Section 1. The penal law is amended by adding a new section 80.20 to 49 read as follows: 50 § 80.20 Mandatory minimum fines prohibited. 51 Notwithstanding any other provision of law, no offense shall carry a 52 mandatory minimum fine. 53 § 2. Section 1800 of the vehicle and traffic law is amended by adding 54 a new subdivision (j) to read as follows:S. 3979--C 9 1 (j) Notwithstanding any other provision of law, no offense described 2 in this chapter shall carry a mandatory minimum fine. 3 § 3. This act shall take effect immediately. 4 PART C 5 Section 1. Section 80.05 of the penal law is amended by adding a new 6 subdivision 7 to read as follows: 7 7. Individualized assessment. When imposing a fine pursuant to the 8 provisions of this section, the court shall consider the profit gained 9 by the defendant's conduct, whether the amount of the fine is dispropor- 10 tionate to the conduct in which the defendant engaged, the impact on any 11 victims, and the defendant's economic circumstances, including the 12 defendant's ability to pay, the effect of the fine upon his or her imme- 13 diate family or any other persons to whom the defendant owes an obli- 14 gation of support. In addition, when imposing a fine the court shall 15 establish such payment schedules as are fair and reasonable taking into 16 consideration the defendant's economic circumstances. 17 § 2. The vehicle and traffic law is amended by adding a new section 18 1811 to read as follows: 19 § 1811. Fines; individualized assessment. When imposing a fine pursu- 20 ant to the provisions of this section, the court shall consider the 21 profit gained by the defendant's conduct, whether the amount of the fine 22 is disproportionate to the conduct in which the defendant engaged, the 23 impact on any victims, and the defendant's economic circumstances, 24 including the defendant's ability to pay, the effect of the fine upon 25 his or her immediate family or any other persons to whom the defendant 26 owes an obligation of support. In addition, when imposing a fine the 27 court shall establish such payment schedules as are fair and reasonable 28 taking into consideration the defendant's economic circumstances. 29 § 3. This act shall take effect immediately. 30 PART D 31 Section 1. Subdivisions 3 and 4 of section 420.10 of the criminal 32 procedure law are REPEALED. 33 § 2. Section 420.35 of the criminal procedure law is REPEALED. 34 § 3. Subdivision 5 of section 420.10 of the criminal procedure law, as 35 separately amended by chapters 233 and 506 of the laws of 1985, the 36 second undesignated paragraph as amended by chapter 618 of the laws of 37 1992, the closing paragraph as amended by chapter 322 of the laws of 38 2021, is amended to read as follows: 39 5. Application for resentence. In any case where the defendant is 40 unable to pay a fine, restitution or reparation imposed by the court, he 41 may at any time apply to the court for resentence. In such case, if the 42 court is satisfied that the defendant is unable to pay the fine, resti- 43 tution or reparation it must: 44 (a) Adjust the terms of payment; or 45 (b) Lower the amount of the fine, restitution or reparation to an 46 amount the defendant is able to pay, or revoke it entirely from the 47 sentence if the defendant has no ability to pay; or 48 (c) [Where the sentence consists of probation or imprisonment and a49fine, restitution or reparation, revoke the portion of the sentence50imposing the fine, restitution or reparation; or51(d)] Revoke the entire sentence imposed and resentence the defendant. 52 Upon such resentence the court may impose any sentence it originallyS. 3979--C 10 1 could have imposed, except that the amount of any fine, restitution or 2 reparation imposed may not be in excess of the amount the defendant is 3 able to pay and that the court may not sentence the defendant to any 4 term of imprisonment, probation, or post-release supervision in excess 5 of any such term imposed by the original sentence. 6 In any case where the defendant applies for resentencing with respect 7 to any condition of the sentence relating to restitution or reparation 8 the court must order that notice of such application and a reasonable 9 opportunity to be heard be given to the person or persons given notice 10 pursuant to subdivision one of this section. If the court grants the 11 defendant's application by changing the original order for restitution 12 or reparation in any manner, the court must place the reasons therefor 13 on the record. 14 [For the purposes of this subdivision, the court shall not determine15that the defendant is unable to pay the fine, restitution or reparation16ordered solely because of such defendant's incarceration but shall17consider all the defendant's sources of income including, but not limit-18ed to, moneys in the possession of an incarcerated individual at the19time of his or her admission into such facility, funds earned by him or20her in a work release program as defined in subdivision four of section21one hundred fifty of the correction law, funds earned by him or her as22provided for in section one hundred eighty-seven of the correction law23and any other funds received by him or her or on his or her behalf and24deposited with the superintendent or the municipal official of the25facility where the person is confined.] 26 In determining whether an incarcerated defendant is able to pay a 27 fine, restitution, or reparation, the court shall not consider income 28 earned pursuant to subdivision four of section one hundred fifty of the 29 correction law, income earned pursuant to section one hundred eighty- 30 seven of the correction law, or funds received by the defendant or on 31 the defendant's behalf and deposited with the superintendent or the 32 municipal official of the facility where the person is confined. 33 § 4. Subdivision 1 of section 420.30 of the criminal procedure law, as 34 amended by chapter 3 of the laws of 1995, is amended to read as follows: 35 1. Applicability. The procedure specified in this section governs 36 remission of fines, restitution or reparation [in all cases not covered37by subdivision four of section 420.10]. 38 § 5. The criminal procedure law is amended by adding a new section 39 420.11 to read as follows: 40 § 420.11 Warrants and sentences of incarceration; effectiveness. 41 1. All warrants issued prior to the effective date of this section 42 pursuant to the provisions of subdivision three of section 420.10 of 43 this article as such subdivision existed prior to the effective date of 44 this section and/or the provisions of subdivision one of section 420.35 45 of this article as such subdivision existed prior to the effective date 46 of this section solely based on the alleged failure on the part of a 47 defendant to timely pay, and/or to appear on a court date set for the 48 sole purpose of payment of, a fine, restitution, reparation, surcharge, 49 DNA databank fee, crime victim assistance fee, sexual offender registra- 50 tion fee, and/or supplemental sex offender victim fee, are deemed to be 51 null and void. 52 2. The office of court administration, in consultation with such other 53 state or municipal agencies as necessary, shall establish procedures to 54 formally rescind all warrants issued prior to the effective date of this 55 section pursuant to the provisions of subdivision three of section 56 420.10 of this article as such subdivision existed prior to the effec-S. 3979--C 11 1 tive date of this section and/or the provisions of subdivision one of 2 section 420.35 of this article as such subdivision existed prior to the 3 effective date of this section solely based on the alleged failure on 4 the part of a defendant to timely pay, and/or to appear on a court date 5 set for the sole purpose of payment of, a fine, restitution, reparation, 6 surcharge, DNA databank fee, crime victim assistance fee, sexual offen- 7 der registration fee, and/or supplemental sex offender victim fee. Such 8 procedures shall not require any affirmative actions on the part of any 9 defendant subject to any such warrant. Such procedures shall be 10 designed and implemented so as to accomplish the rescinding of all such 11 warrants within six months of the effective date of this section. 12 3. All sentences of incarceration imposed prior to the effective date 13 of this section pursuant to the provisions of subdivision three of 14 section 420.10 of this article as such subdivision existed prior to the 15 effective date of this section, subdivision five of section 420.10 of 16 this article, or section 420.35 of this article as such section existed 17 prior to the effective date of this section based solely on the alleged 18 failure on the part of a defendant to timely pay, or timely appear on a 19 court date scheduled for the purposes of payment of, a fine, restitu- 20 tion, reparation, surcharge, DNA databank fee, crime victim assistance 21 fee, sexual offender registration fee, or supplemental sex offender 22 victim fee are deemed to be null and void and any person serving such a 23 sentence shall be released from custody immediately. 24 4. The office of court administration, in consultation with such other 25 state or municipal agencies as is necessary, shall establish procedures 26 to formally rescind all sentences of incarceration imposed prior to the 27 effective date of this section pursuant to the provisions of subdivision 28 three of section 420.10 of this article as such subdivision existed 29 prior to the effective date of this section or section 420.35 of this 30 article as such section existed prior to the effective date of this 31 section based solely on the alleged failure on the part of a defendant 32 to timely pay a fine, restitution, reparation, surcharge, DNA databank 33 fee, crime victim assistance fee, sexual offender registration fee, or 34 supplemental sex offender victim fee. Such procedures shall not require 35 any affirmative actions on the part of any defendant subject to any such 36 sentence. 37 § 6. Subdivision 1 of section 430.20 of the criminal procedure law, as 38 amended by chapter 788 of the laws of 1971, is amended to read as 39 follows: 40 1. In general. When a sentence of imprisonment is pronounced, [or when41th sentence consists of a fine and the court has directed that the42defendant be imprisoned until it is satisfied,] the defendant must 43 forthwith be committed to the custody of the appropriate public servant 44 and detained until the sentence is complied with. 45 § 7. Subdivision 5 of section 430.20 of the criminal procedure law is 46 REPEALED. 47 § 8. This act shall take effect immediately. 48 PART E 49 Section 1. All unsatisfied civil judgments issued prior to the effec- 50 tive date of this act pursuant to the provisions of subdivision 5 of 51 section 420.40 of the criminal procedure law solely based on the alleged 52 failure on the part of a defendant to timely pay, and/or to appear on a 53 court date set for the sole purpose of payment of a surcharge, DNA data- 54 bank fee, crime victim assistance fee, sexual offender registration fee,S. 3979--C 12 1 or supplemental sex offender victim fee are deemed to be null and void 2 and, for all legal purposes, vacated and discharged. 3 § 2. The office of court administration, in consultation with such 4 other state or municipal agencies as necessary, shall establish proce- 5 dures to formally vacate and discharge all unsatisfied civil judgments 6 entered prior to the effective date of this act pursuant to the 7 provisions of subdivision 5 of section 420.40 of the criminal procedure 8 law solely based on the alleged failure on the part of a defendant to 9 timely pay, and/or to appear on a court date set for the sole purpose of 10 payment of, a surcharge, DNA databank fee, crime victim assistance fee, 11 sexual offender registration fee, or supplemental sex offender victim 12 fee. Such procedures shall not require any affirmative actions on the 13 part of any defendant subject to any such civil judgment. Such proce- 14 dures shall be designed and implemented so as to accomplish the vacatur 15 and discharge of all such civil judgments within six months of the 16 effective date of this act. 17 § 3. Subdivision 3 of section 420.30 of the criminal procedure law is 18 REPEALED. 19 § 4. This act shall take effect immediately. 20 PART F 21 Section 1. Section 420.10 of the criminal procedure law is amended by 22 adding a new subdivision 9 to read as follows: 23 9. In no case shall a fine, restitution, or reparation be collected 24 out of the funds of a person who is presently incarcerated, including 25 funds earned by the person in a work release program as defined in 26 subdivision four of section one hundred fifty of the correction law, 27 funds earned by a person as provided for in section one hundred eighty- 28 seven of the correction law, and any other funds received by the person 29 or on the person's behalf and deposited with the superintendent or the 30 municipal official of the facility where the person is confined. 31 § 2. Section 154 of the correction law, as added by chapter 788 of the 32 laws of 1968, subdivision 4 as amended by section 3 of part F of chapter 33 62 of the laws of 2003, is amended to read as follows: 34 § 154. Disposition of Earnings. The earnings of a prisoner participat- 35 ing in a work release program, less any payroll deductions required or 36 authorized by law, shall be deposited with the department in a trust 37 fund account. Such earnings shall not be subject to attachment or 38 garnishment in the hands of the department. The commissioner is author- 39 ized to provide for disbursements from the trust fund account for any or 40 all of the following purposes: 41 1. Such costs incident to the prisoner's confinement as the commis- 42 sioner deems appropriate and reasonable. 43 2. Such costs related to the prisoner's work release program as the 44 commissioner deems appropriate and reasonable. 45 3. Support of the prisoner's dependents. 46 [4. Payment of court fines, mandatory surcharge, sex offender regis-47tration fee, DNA databank fee, restitution or reparation, or forfei-48tures.] 49 The balance of such earnings, if any, after disbursements for any of 50 the foregoing purposes shall be paid to the prisoner upon termination of 51 his imprisonment. 52 § 3. This act shall take effect immediately. 53 PART GS. 3979--C 13 1 Section 1. All orders issued prior to the effective date of this act 2 directing payment by a defendant of a surcharge, DNA databank fee, crime 3 victim assistance fee, sexual offender registration fee, supplemental 4 sex offender victim fee, probation supervision fee or parole supervision 5 fee are deemed to be null and void and, such orders are for all legal 6 purposes, vacated and discharged. Pursuant to this section, any exist- 7 ing encumbrances on commissary accounts or similar accounts held by a 8 correctional facility, jail, or detention facility shall be lifted and 9 deemed null and void. 10 § 2. This act shall take effect immediately. 11 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 12 sion, section or part of this act shall be adjudged by any court of 13 competent jurisdiction to be invalid, such judgment shall not affect, 14 impair, or invalidate the remainder thereof, but shall be confined in 15 its operation to the clause, sentence, paragraph, subdivision, section 16 or part thereof directly involved in the controversy in which such judg- 17 ment shall have been rendered. It is hereby declared to be the intent of 18 the legislature that this act would have been enacted even if such 19 invalid provisions had not been included herein. 20 § 4. This act shall take effect immediately provided, however, that 21 the applicable effective date of Parts A through G of this act shall be 22 as specifically set forth in the last section of such Parts.
