Bill Text: NY A02348 | 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 32-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A02348 Detail]

Download: New_York-2021-A02348-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2348--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced by M. of A. NIOU, BARRON, SEAWRIGHT, SIMON, GOTTFRIED, STECK,
          DE LA ROSA,  FRONTUS,  EPSTEIN,  L. ROSENTHAL, BURGOS, FORREST, REYES,
          MAMDANI,  QUART,  CRUZ,  GONZALEZ-ROJAS,  AUBRY,   JACKSON,   BURDICK,
          GALLAGHER,  MITAYNES,  FERNANDEZ,  LAVINE,  KELLES  --  read  once and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the civil practice law and rules, the executive law, the
          correction  law,  the vehicle and traffic law, the village law and the
          state finance law, in relation to  eliminating  court  surcharges  and
          fees;  and  to repeal certain provisions of the penal law, the vehicle
          and traffic law, the correction law, the parks, recreation and histor-
          ic preservation law, the executive law and the environmental conserva-
          tion law relating thereto (Part A); to amend the  penal  law  and  the
          vehicle  and traffic law, in relation to prohibiting mandatory minimum
          fines for penal law and vehicle and  traffic  offenses  (Part  B);  to
          amend  the  penal  law and the vehicle and traffic law, in relation to
          mandating that courts engage in  an  individualized  assessment  of  a
          person's  financial  ability  to  pay  a fine prior to imposing a fine
          (Part C); to amend the criminal procedure law, in relation  to  elimi-
          nating  the availability of incarceration as a remedy for a failure to
          pay a fine, surcharge  or  fee,  lifting  and  vacating  all  existing
          warrants  issued  solely  based  on a person's failure to timely pay a
          fine, surcharge or fee and ending all existing sentences of incarcera-
          tion based on such failure; and to repeal certain  provisions  of  the
          criminal  procedure  law  relating  thereto  (Part  D); in relation to
          vacating all existing unsatisfied civil judgments entered solely based
          on a person's failure to timely pay a surcharge or fee and  to  repeal
          certain  provisions  of  the  criminal  procedure law relating thereto
          (Part E); to amend the criminal procedure law, in relation to  prohib-
          iting  the  collection  of  a fine, restitution or reparation from the
          funds of an incarcerated person; and to amend the correction  law,  in
          relation   to  prohibiting  the  payment  of  court  fines,  mandatory

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02794-13-1

        A. 2348--B                          2

          surcharges, certain fees, restitution, reparation or forfeitures  from
          the  earnings  of  prisoners (Part F); and in relation to vacating all
          existing unpaid surcharges, DNA databank fees, crime victim assistance
          fees,  sexual offender registration fees, or supplemental sex offender
          victim fees (Part G)

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     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.

        A. 2348--B                          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 as
    19  provided 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  offender
    46  registration  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,  sex
    51  offender  registration  fees  and  DNA  databank fees as provided for in
    52  section 60.35 of the penal law and section eighteen hundred nine of  the
    53  vehicle 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) of

        A. 2348--B                          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 [and
    30  mandatory surcharge as provided for in section 60.35 of  the  penal  law
    31  and  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 offender
    55  registration fee and DNA databank fee] previously imposed by a court  of
    56  competent jurisdiction that applies to the parolee. The conditions shall

        A. 2348--B                          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, sex
     4  offender  registration  fees  and  DNA  databank fees as provided for in
     5  section 60.35 of the penal law and section eighteen hundred nine of  the
     6  vehicle  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-
    32  wise  financially  able  to  comply with an order of restitution and the
    33  payment of any mandatory surcharge previously  imposed  by  a  court  of
    34  competent  jurisdiction,  has  made a good faith effort to comply there-
    35  with].
    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 two
    41  hundred 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  that
    50  the  parolee  or  releasee, otherwise financially able to comply with an
    51  order of restitution and the payment of  any  mandatory  surcharge,  sex
    52  offender  registration  fee  or DNA databank fee previously imposed by a
    53  court of competent jurisdiction, has made a good faith effort to  comply
    54  therewith.]
    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 has

        A. 2348--B                          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)
    15  is  satisfied  that the supervisee, otherwise financially able to comply
    16  with an order of restitution and the payment of any mandatory surcharge,
    17  sex offender registration fee, or DNA data bank fee  previously  imposed
    18  by  a  court  of competent jurisdiction, has made a good faith effort to
    19  comply 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 eighteen
    40  hundred 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 of

        A. 2348--B                          7

     1  village justice. [Nothing in this section shall be deemed to affect  the
     2  disposition of mandatory surcharges, sex offender registration fees, DNA
     3  databank  fees  or  crime  victim assistance fees as provided by section
     4  60.35  of  the  penal  law,  or  of  mandatory surcharges as provided by
     5  section eighteen hundred nine of the vehicle  and  traffic  law,  or  of
     6  fines, penalties and forfeitures as provided by section eighteen hundred
     7  three 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  surcharge
    15  required  by  section eighteen hundred nine-a of the vehicle and traffic
    16  law] 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 the
    37  chief executive officer  of  any  such  city,  the  commissioner,  after
    38  consultation  with the commissioner of the department of motor vehicles,
    39  may authorize the use of a parking ticket other than the uniform parking
    40  ticket prescribed pursuant to this section if he or she determines  that
    41  use  of such other parking ticket is not inconsistent with, and will not
    42  diminish the effectiveness of, the parking  violations  enforcement  and
    43  disposition  program established pursuant to section eight hundred thir-
    44  ty-seven-j of this chapter, and may also authorize for a specified  time
    45  period  the  use  of  a parking ticket which was used by such city on or
    46  before 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  mandatory
    53  surcharge of fifteen dollars imposed upon parking violations pursuant to
    54  section eighteen hundred nine-a of this chapter].

        A. 2348--B                          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 shall
     8  consist of moneys granted to such county or  city  pursuant  to  section
     9  eighteen  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 by
    23  the mandatory surcharges imposed pursuant to subdivision one of  section
    24  eighteen  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:

        A. 2348--B                          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  a
    49  fine,  restitution  or  reparation,  revoke  the portion of the sentence
    50  imposing the fine, restitution or reparation; or
    51    (d)] Revoke the entire sentence imposed and resentence the  defendant.
    52  Upon  such  resentence  the  court may impose any sentence it originally

        A. 2348--B                         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 determine
    15  that the defendant is unable to pay the fine, restitution or  reparation
    16  ordered  solely  because  of  such  defendant's  incarceration but shall
    17  consider all the defendant's sources of income including, but not limit-
    18  ed to, moneys in the possession of an  incarcerated  individual  at  the
    19  time  of his or her admission into such facility, funds earned by him or
    20  her in a work release program as defined in subdivision four of  section
    21  one  hundred  fifty of the correction law, funds earned by him or her as
    22  provided for in section one hundred eighty-seven of the  correction  law
    23  and  any  other funds received by him or her or on his or her behalf and
    24  deposited with the superintendent  or  the  municipal  official  of  the
    25  facility 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  covered
    37  by 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-

        A. 2348--B                         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 when
    41  th  sentence  consists  of  a  fine  and the court has directed that the
    42  defendant 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,

        A. 2348--B                         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-
    47  tration  fee,  DNA  databank  fee, restitution or reparation, or forfei-
    48  tures.]
    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 G

        A. 2348--B                         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.
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