Bill Text: NY S06803 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Requires the court to waive any mandatory surcharge and crime victim assistance fee when it is found that the defendant is a victim of sex trafficking.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-09-23 - SIGNED CHAP.385 [S06803 Detail]

Download: New_York-2013-S06803-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6803
                                   I N  S E N A T E
                                    March 12, 2014
                                      ___________
       Introduced  by  Sen.  LANZA  -- 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  waiving
         certain fees for victims of sex trafficking
         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  section  6 of part F of chapter 56 of the laws of
    3  2004, is amended to read as follows:
    4    2. Under no circumstances shall the mandatory surcharge, sex  offender
    5  registration fee, DNA databank fee or the crime victim assistance fee be
    6  waived  provided,  however,  that  a  court  may  waive the crime victim
    7  assistance fee if such defendant is an  eligible  youth  as  defined  in
    8  subdivision two of section 720.10 of this chapter, and the imposition of
    9  such  fee  would  work an unreasonable hardship on the defendant, his or
   10  her immediate family, or any other  person  who  is  dependent  on  such
   11  defendant  for  financial  support.    A COURT SHALL WAIVE ANY MANDATORY
   12  SURCHARGE AND CRIME VICTIM ASSISTANCE FEE WHEN THE COURT  FINDS  THAT  A
   13  DEFENDANT  IS  A  VICTIM  OF SEX TRAFFICKING UNDER SECTION 230.34 OF THE
   14  PENAL LAW OR A VICTIM OF TRAFFICKING IN PERSONS  UNDER  THE  TRAFFICKING
   15  VICTIMS PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAPTER 78).
   16    S  2.  This  act  shall  take  effect  immediately  and shall apply to
   17  convictions on or after such effective date as well as  to  charges  for
   18  such  offenses pending on such effective date for which sentence had not
   19  yet been imposed.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13781-01-4