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; and 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); and 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 25-0)

Status: (Introduced) 2021-05-17 - print number 2348a [A02348 Detail]

Download: New_York-2021-A02348-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         2348--A

                               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  --  read  once  and referred to the Committee on
          Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  to  amend the civil practice law and rules, the correction law,
          the executive law, the vehicle and traffic law, the  village  law  and
          the  state  finance law, in relation to eliminating certain surcharges
          and fees; to amend the correction law, in relation to eliminating  the
          requirement  that  a parolee or releasee receiving a merit termination
          of sentence be financially able to comply with an  order  of  restitu-
          tion;  to  amend the executive law, in relation to     eliminating the
          requirement that a person receiving a discharge of sentence be  finan-
          cially  able to comply with an order of restitution and the payment of
          certain surcharges or fees; and to repeal certain  provisions  of  the
          penal  law,  the  vehicle  and  traffic law, the parks, recreation and
          historic  preservation  law,  the  executive  law,  the  environmental
          conservation  law and the correction 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 indi-
          vidualized 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 eliminating 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 fail-
          ure  to  timely  pay  a fine, surcharge or fee and ending all existing
          sentences of incarceration  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 judg-
          ments entered solely based on a  person's  failure  to  timely  pay  a
          surcharge  or  fee  and  to  repeal certain provisions of the criminal

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02794-04-1

        A. 2348--A                          2

          procedure law relating thereto (Part E); to amend the criminal  proce-
          dure  law, in relation to prohibiting the collection of a fine, resti-
          tution or reparation from the funds of an incarcerated person; and  to
          amend  the  correction  law, in relation to prohibiting the payment of
          court fines, mandatory surcharges, certain fees, restitution,  repara-
          tion  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,
          supplemental  sex  offender victim fees, probation supervision fees or
          parole supervision fees; and to repeal subdivision 3 of section 420.30
          of the criminal procedure law relating to  restrictions  on  remitting
          such 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.

        A. 2348--A                          3

     1    § 6. Section 1809-c of the vehicle and traffic law is REPEALED.
     2    § 7. Section 1809-d of the vehicle and traffic law is REPEALED.
     3    § 8. Section 1809-e of the vehicle and traffic law is REPEALED.
     4    §  9.  Section  71-0213  of  the  environmental  conservation  law  is
     5  REPEALED.
     6    § 10. Subdivision (f) of section 1101 of the civil  practice  law  and
     7  rules,  as  added  by  section 1 of part D of chapter 412 of the laws of
     8  1999, subparagraph (i) of paragraph 1 and  paragraph  3  as  amended  by
     9  section  51 of subpart B of part C of chapter 62 of the laws of 2011, is
    10  amended to read as follows:
    11    (f) Fees for inmates. 1. Notwithstanding any other provision of law to
    12  the contrary, a federal,  state  or  local  inmate  under  sentence  for
    13  conviction of a crime may seek to commence his or her action or proceed-
    14  ing  by paying a reduced filing fee as provided in paragraph two of this
    15  subdivision. Such inmate shall file the form affidavit  referred  to  in
    16  subdivision  (d) of this section along with the summons and complaint or
    17  summons with notice or third-party summons and complaint or petition  or
    18  notice  of petition or order to show cause. As part of such application,
    19  the inmate shall indicate the name and mailing address of  the  facility
    20  at  which  he or she is confined along with the name and mailing address
    21  of any other federal, state or local facility at which  he  or  she  was
    22  confined  during  the preceding six month period. The case will be given
    23  an index number if applicable, or, in courts other than the  supreme  or
    24  county  courts,  any necessary filing number and the application will be
    25  submitted to a judge of the court. Upon receipt of the application,  the
    26  court  shall  obtain  from  the  appropriate official of the facility at
    27  which the inmate is confined a certified copy of the inmate's trust fund
    28  account statement (or institutional equivalent) for the six month period
    29  preceding filing of the inmate's application. If  the  inmate  has  been
    30  confined  for  less  than  six  months at such facility, the court shall
    31  obtain additional information as follows:
    32    (i) in the case of a state inmate who has been transferred from anoth-
    33  er state correctional facility, the court  shall  obtain  a  trust  fund
    34  account  statement  for  the six month period from the central office of
    35  the department of corrections and community supervision in Albany; or
    36    (ii) in the case of a state inmate who is  newly  transferred  from  a
    37  federal or local correctional facility, the court shall obtain any trust
    38  fund account statement currently available from such facility. The court
    39  may,  in  its  discretion,  seek  further  information from the prior or
    40  current facility.
    41    2. If the court determines that the inmate has insufficient  means  to
    42  pay  the  full  filing  fee,  the  court  may permit the inmate to pay a
    43  reduced filing fee, the minimum of which shall not be less than  fifteen
    44  dollars  and  the maximum of which shall not be more than fifty dollars.
    45  The court shall require an  initial  payment  of  such  portion  of  the
    46  reduced  filing fee as the inmate can reasonably afford or shall author-
    47  ize no initial payment of the fee if  exceptional  circumstances  render
    48  the  inmate unable to pay any fee; provided however, that the difference
    49  between the amount of the reduced filing fee and the amount paid by  the
    50  inmate  in  the  initial  partial  payment shall be assessed against the
    51  inmate as an outstanding obligation to be collected either by the super-
    52  intendent or the municipal official of the facility at which the  inmate
    53  is  confined,  as  the  case  may be[, in the same manner that mandatory
    54  surcharges are collected as provided for in subdivision five of  section
    55  60.35  of  the  penal law]. The court shall notify the superintendent or
    56  the municipal official of the facility where the inmate is housed of the

        A. 2348--A                          4

     1  amount of the reduced filing fee that was not directed to be paid by the
     2  inmate.  Thereafter, the superintendent or the municipal official  shall
     3  forward  to  the  court  any  fee  obligations that have been collected,
     4  provided however, that:
     5    (i)  in  no  event shall the filing fee collected exceed the amount of
     6  fees required for the commencement of an action or proceeding; and
     7    (ii) in no event shall an inmate be prohibited from proceeding for the
     8  reason that the inmate has no assets and no means by which  to  pay  the
     9  initial partial filing fee.
    10    3.  The  institution  at  which  an inmate is confined, or the central
    11  office for the department  of  corrections  and  community  supervision,
    12  whichever  is  applicable, shall promptly provide the trust fund account
    13  statement to the inmate as required by this subdivision.
    14    4. Whenever any federal, state or local inmate obtains a  judgment  in
    15  connection with any action or proceeding which exceeds the amount of the
    16  filing  fee,  paid in accordance with the provisions of this subdivision
    17  for commencing such action or proceeding, the court shall award  to  the
    18  prevailing  inmate,  as a taxable disbursement, the actual amount of any
    19  fee paid to commence the action or proceeding.
    20    5. The provisions of this subdivision shall not apply to a  proceeding
    21  commenced  pursuant  to  article  seventy-eight  of  this  chapter which
    22  alleges a failure to correctly award or certify jail time credit due  an
    23  inmate,  in violation of section six hundred-a of the correction law and
    24  section 70.30 of the penal law.
    25    § 11. Paragraph (a) of subdivision 2 of section 259-i of the executive
    26  law, as amended by section 38-f-1 of subpart A of part C of  chapter  62
    27  of the laws of 2011, is amended to read as follows:
    28    (a)  (i) Except as provided in subparagraph (ii) of this paragraph, at
    29  least one month prior to the date on which  an  inmate  may  be  paroled
    30  pursuant  to subdivision one of section 70.40 of the penal law, a member
    31  or members as determined by the rules  of  the  board  shall  personally
    32  interview  such  inmate  and  determine  whether he should be paroled in
    33  accordance with the guidelines adopted pursuant to subdivision  four  of
    34  section  two  hundred  fifty-nine-c  of  this  article. If parole is not
    35  granted upon such review, the inmate shall be informed in writing within
    36  two weeks of such appearance of the factors and reasons for such  denial
    37  of  parole.  Such reasons shall be given in detail and not in conclusory
    38  terms. The board shall specify a date not more than  twenty-four  months
    39  from  such  determination  for reconsideration, and the procedures to be
    40  followed upon reconsideration shall  be  the  same.  If  the  inmate  is
    41  released,  he  shall  be  given a copy of the conditions of parole. Such
    42  conditions shall where appropriate, include a requirement that the paro-
    43  lee comply with any restitution order, mandatory surcharge, sex offender
    44  registration fee and DNA databank fee previously imposed by a  court  of
    45  competent jurisdiction that applies to the parolee. The conditions shall
    46  indicate  which restitution collection agency established under subdivi-
    47  sion eight of section 420.10 of the criminal  procedure  law,  shall  be
    48  responsible  for  collection  of  restitution[, mandatory surcharge, sex
    49  offender registration fees and DNA databank  fees  as  provided  for  in
    50  section  60.35 of the penal law and section eighteen hundred nine of the
    51  vehicle and traffic law].
    52    (ii) Any inmate who is scheduled for presumptive release  pursuant  to
    53  section  eight hundred six of the correction law shall not appear before
    54  the board as provided in subparagraph (i) of this paragraph unless  such
    55  inmate's  scheduled  presumptive  release  is  forfeited,  canceled,  or
    56  rescinded subsequently as provided in  such  law.  In  such  event,  the

        A. 2348--A                          5

     1  inmate  shall  appear  before  the  board  for  release consideration as
     2  provided in subparagraph (i) of this paragraph as soon thereafter as  is
     3  practicable.
     4    § 12. Paragraph (a) of subdivision 2 of section 259-i of the executive
     5  law,  as  amended by section 38-f-2 of subpart A of part C of chapter 62
     6  of the laws of 2011, is amended to read as follows:
     7    (a) At least one month prior to the expiration of the  minimum  period
     8  or  periods  of  imprisonment  fixed  by the court or board, a member or
     9  members as determined by the rules of the board shall personally  inter-
    10  view  an  inmate serving an indeterminate sentence and determine whether
    11  he should be paroled at the expiration of the minimum period or  periods
    12  in  accordance  with the procedures adopted pursuant to subdivision four
    13  of section two hundred fifty-nine-c of this article. If  parole  is  not
    14  granted upon such review, the inmate shall be informed in writing within
    15  two  weeks of such appearance of the factors and reasons for such denial
    16  of parole. Such reasons shall be given in detail and not  in  conclusory
    17  terms.  The  board shall specify a date not more than twenty-four months
    18  from such determination for reconsideration, and the  procedures  to  be
    19  followed  upon  reconsideration  shall  be  the  same.  If the inmate is
    20  released, he shall be given a copy of the  conditions  of  parole.  Such
    21  conditions shall where appropriate, include a requirement that the paro-
    22  lee comply with any restitution order and mandatory surcharge previously
    23  imposed  by  a court of competent jurisdiction that applies to the paro-
    24  lee. The conditions shall indicate which restitution  collection  agency
    25  established  under  subdivision  eight of section 420.10 of the criminal
    26  procedure law, shall be responsible for collection of  restitution  [and
    27  mandatory  surcharge  as  provided for in section 60.35 of the penal law
    28  and section eighteen hundred nine of the vehicle and traffic law].
    29    § 12-a. Subdivision  9  of  section  201  of  the  correction  law  is
    30  REPEALED.
    31    §  12-b.  Section  257-c  of  the  executive law is REPEALED and a new
    32  section 257-c is added to read as follows:
    33    §  257-c.  Probation  fees  prohibited.  Notwithstanding   any   other
    34  provision  of  law,  no county or city may require individuals currently
    35  serving or who  shall  be  sentenced  to  a  period  of  probation  upon
    36  conviction  of any crime to pay any fee, including but not limited to an
    37  administrative fee, supervision fee, monitoring  fee,  testing  fee,  or
    38  screening fee, to the local probation department with the responsibility
    39  of  supervising  the  probationer.  Nothing  in  this  section  shall be
    40  construed to affect the collection of restitution payments  pursuant  to
    41  sections  65.10  and  60.27  of  the  penal law and subdivision eight of
    42  section 420.10 of the criminal procedure law.
    43    § 12-c. Subdivision 2 of section 205 of the correction law,  as  added
    44  by  section 32 of subpart A of part C of chapter 62 of the laws of 2011,
    45  is amended to read as follows:
    46    2. A merit termination granted by the department  under  this  section
    47  shall  constitute a termination of the sentence with respect to which it
    48  was granted. No such merit  termination  shall  be  granted  unless  the
    49  department  is  satisfied  that termination of sentence from presumptive
    50  release, parole, conditional release or post-release supervision  is  in
    51  the  best interest of society[, and that the parolee or releasee, other-
    52  wise financially able to comply with an order  of  restitution  and  the
    53  payment  of  any  mandatory  surcharge  previously imposed by a court of
    54  competent jurisdiction, has made a good faith effort  to  comply  there-
    55  with].

        A. 2348--A                          6

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

        A. 2348--A                          7

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

        A. 2348--A                          8

     1  fic law relating to parking violations. [Upon written application of the
     2  chief  executive  officer  of  any  such  city,  the commissioner, after
     3  consultation with the commissioner of the department of motor  vehicles,
     4  may authorize the use of a parking ticket other than the uniform parking
     5  ticket  prescribed pursuant to this section if he or she determines that
     6  use of such other parking ticket is not inconsistent with, and will  not
     7  diminish  the  effectiveness  of, the parking violations enforcement and
     8  disposition program established pursuant to section eight hundred  thir-
     9  ty-seven-j  of this chapter, and may also authorize for a specified time
    10  period the use of a parking ticket which was used by  such  city  on  or
    11  before the effective date of this section.]
    12    §  20. Clause (E) of subparagraph 2 of paragraph a of subdivision 2 of
    13  section 235 of the vehicle and traffic law, as amended by section 18  of
    14  part J of chapter 62 of the laws of 2003, is amended to read as follows:
    15    (E) that submission of a plea of guilty to the parking violation makes
    16  the owner liable for payment of the stated fine and additional penalties
    17  imposed  pursuant  to paragraph b of this subdivision [and the mandatory
    18  surcharge of fifteen dollars imposed upon parking violations pursuant to
    19  section eighteen hundred nine-a of this chapter].
    20    § 21. Subdivision 4 of section 1203-g of the vehicle and traffic  law,
    21  as  added  by  chapter  497  of  the laws of 1999, is amended to read as
    22  follows:
    23    4. Every county and the city of New  York  that  establishes  a  hand-
    24  icapped parking education program shall establish a separate handicapped
    25  parking  education  fund  in  the custody of the chief fiscal officer of
    26  each such county or city, by April first,  two  thousand[,  which  shall
    27  consist  of  moneys  granted  to such county or city pursuant to section
    28  eighteen hundred nine-b of this chapter]. No provision of law  shall  be
    29  deemed to preclude a county or the city of New York from receiving funds
    30  [from  other  sources] to be deposited in the handicapped parking educa-
    31  tion fund, provided such funds are used in a  manner  and  for  purposes
    32  consistent with this section. The moneys of such fund shall be disbursed
    33  to  provide  education,  advocacy and increased awareness of handicapped
    34  parking laws and may be used to execute contracts with private organiza-
    35  tions for such purposes. Such contracts shall be  awarded  upon  compet-
    36  itive bids after the issuance of requests for proposal.
    37    § 22. Subdivision 2 of section 99-n of the state finance law, as added
    38  by chapter 223 of the laws of 2005, is amended to read as follows:
    39    2.  The  fund  shall  consist  of  all  monies  appropriated  for  its
    40  purpose[,] and  all  monies  required  by  this  section  or  any  other
    41  provision of law to be paid into or credited to such fund[, collected by
    42  the  mandatory surcharges imposed pursuant to subdivision one of section
    43  eighteen hundred  nine-d  of  the  vehicle  and  traffic  law].  Nothing
    44  contained in this section shall prevent the department of motor vehicles
    45  from  receiving  grants  or other appropriations for the purposes of the
    46  fund as defined in this  section  and  depositing  them  into  the  fund
    47  according to law.
    48    §  23.  This  act shall take effect immediately; provided however that
    49  the amendments to subdivision (f) of section 1101 of the civil  practice
    50  law and rules made by section ten of this act shall not affect the expi-
    51  ration of such section and shall be deemed to expire therewith; provided
    52  further,  however, that the amendments to paragraph (a) of subdivision 2
    53  of section 259-i of the executive law made by section eleven of this act
    54  shall be subject to the  expiration  and  reversion  of  such  paragraph
    55  pursuant  to  subdivision  d  of  section 74 of chapter 3 of the laws of
    56  1995, as amended, when upon such date the provisions of  section  twelve

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     1  of  this  act  shall  take effect; and provided further however that the
     2  amendments to clause (E) of subparagraph 2 of paragraph a of subdivision
     3  2 of section 235 of the vehicle and traffic law made by  section  twenty
     4  of  this  act  shall not affect the expiration of such section and shall
     5  expire therewith.

     6                                   PART B

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

    17                                   PART C

    18    Section 1. Section 80.05 of the penal law is amended by adding  a  new
    19  subdivision 7 to to read as follows:
    20    7.  Individualized  assessment.  When  imposing a fine pursuant to the
    21  provisions of this section, the court shall consider the  profit  gained
    22  by the defendant's conduct, whether the amount of the fine is dispropor-
    23  tionate to the conduct in which the defendant engaged, the impact on any
    24  victims,  and  the  defendant's  economic  circumstances,  including the
    25  defendant's ability to pay, the effect of the fine upon his or her imme-
    26  diate family or any other persons to whom the defendant  owes  an  obli-
    27  gation  of  support.  In  addition, when imposing a fine the court shall
    28  establish such payment schedules as are fair and reasonable taking  into
    29  consideration the defendant's economic circumstances.
    30    §  2.  The  vehicle and traffic law is amended by adding a new section
    31  1811 to read as follows:
    32    § 1811. Fines; individualized assessment. When imposing a fine  pursu-
    33  ant  to  the  provisions  of  this section, the court shall consider the
    34  profit gained by the defendant's conduct, whether the amount of the fine
    35  is disproportionate to the conduct in which the defendant  engaged,  the
    36  impact  on  any  victims,  and  the  defendant's economic circumstances,
    37  including the defendant's ability to pay, the effect of  the  fine  upon
    38  his  or  her immediate family or any other persons to whom the defendant
    39  owes an obligation of support. In addition, when  imposing  a  fine  the
    40  court  shall establish such payment schedules as are fair and reasonable
    41  taking into consideration the defendant's economic circumstances.
    42    § 3. This act shall take effect immediately.

    43                                   PART D

    44    Section 1. Subdivisions 3 and 4 of  section  420.10  of  the  criminal
    45  procedure law are REPEALED.
    46    § 2. Section 420.35 of the criminal procedure law is REPEALED.
    47    § 3. Subdivision 5 of section 420.10 of the criminal procedure law, as
    48  separately  amended  by  chapters  233  and 506 of the laws of 1985, the
    49  second undesignated paragraph as amended by chapter 618 of the  laws  of
    50  1992, is amended to read as follows:

        A. 2348--A                         10

     1    5.  Application  for  resentence.  In  any case where the defendant is
     2  unable to pay a fine, restitution or reparation imposed by the court, he
     3  may at any time apply to the court for resentence. In such case, if  the
     4  court  is satisfied that the defendant is unable to pay the fine, resti-
     5  tution or reparation it must:
     6    (a) Adjust the terms of payment; or
     7    (b)  Lower  the  amount  of  the fine, restitution or reparation to an
     8  amount the defendant is able to pay, or  revoke  it  entirely  from  the
     9  sentence if the defendant has no ability to pay; or
    10    (c)  [Where  the  sentence consists of probation or imprisonment and a
    11  fine, restitution or reparation, revoke  the  portion  of  the  sentence
    12  imposing the fine, restitution or reparation; or
    13    (d)]  Revoke the entire sentence imposed and resentence the defendant.
    14  Upon such resentence the court may impose  any  sentence  it  originally
    15  could  have  imposed, except that the amount of any fine, restitution or
    16  reparation imposed may not be in excess of the amount the  defendant  is
    17  able  to  pay  and  that the court may not sentence the defendant to any
    18  term of imprisonment, probation, or post-release supervision  in  excess
    19  of any such term imposed by the original sentence.
    20    In  any case where the defendant applies for resentencing with respect
    21  to any condition of the sentence relating to restitution  or  reparation
    22  the  court  must  order that notice of such application and a reasonable
    23  opportunity to be heard be given to the person or persons  given  notice
    24  pursuant  to  subdivision  one  of this section. If the court grants the
    25  defendant's application by changing the original order  for  restitution
    26  or  reparation  in any manner, the court must place the reasons therefor
    27  on the record.
    28    [For the purposes of this subdivision, the court shall  not  determine
    29  that  the defendant is unable to pay the fine, restitution or reparation
    30  ordered solely because  of  such  defendant's  incarceration  but  shall
    31  consider all the defendant's sources of income including, but not limit-
    32  ed  to,  moneys in the possession of an inmate at the time of his admis-
    33  sion into such facility, funds earned by him in a work  release  program
    34  as  defined  in  subdivision  four  of  section one hundred fifty of the
    35  correction law, funds earned by him  as  provided  for  in  section  one
    36  hundred  eighty-seven of the correction law and any other funds received
    37  by him or on his behalf and deposited with  the  superintendent  or  the
    38  municipal  official  of  the  facility where the person is confined.] In
    39  determining whether an incarcerated defendant is able  to  pay  a  fine,
    40  restitution,  or  reparation, the court shall not consider income earned
    41  pursuant to subdivision  four  of  section  one  hundred  fifty  of  the
    42  correction  law,  income  earned pursuant to section one hundred eighty-
    43  seven of the correction law, or funds received by the  defendant  or  on
    44  the  defendant's  behalf  and  deposited  with the superintendent or the
    45  municipal official of the facility where the person is confined.
    46    § 4. Subdivision 1 of section 420.30 of the criminal procedure law, as
    47  amended by chapter 3 of the laws of 1995, is amended to read as follows:
    48    1. Applicability. The procedure  specified  in  this  section  governs
    49  remission  of fines, restitution or reparation [in all cases not covered
    50  by subdivision four of section 420.10].
    51    § 5. The criminal procedure law is amended by  adding  a  new  section
    52  420.11 to read as follows:
    53  § 420.11 Warrants and sentences of incarceration; effectiveness.
    54    1.  All  warrants  issued  prior to the effective date of this section
    55  pursuant to the provisions of subdivision three  of  section  420.10  of
    56  this  article as such subdivision existed prior to the effective date of

        A. 2348--A                         11

     1  this section and/or the provisions of subdivision one of section  420.35
     2  of  this article as such subdivision existed prior to the effective date
     3  of this section solely based on the alleged failure on  the  part  of  a
     4  defendant  to  timely  pay, and/or to appear on a court date set for the
     5  sole purpose of payment of, a fine, restitution, reparation,  surcharge,
     6  DNA databank fee, crime victim assistance fee, sexual offender registra-
     7  tion  fee, and/or supplemental sex offender victim fee, are deemed to be
     8  null and void.
     9    2. The office of court administration, in consultation with such other
    10  state or municipal agencies as necessary, shall establish procedures  to
    11  formally rescind all warrants issued prior to the effective date of this
    12  section  pursuant  to  the  provisions  of  subdivision three of section
    13  420.10 of this article as such subdivision existed prior to  the  effec-
    14  tive  date  of  this section and/or the provisions of subdivision one of
    15  section 420.35 of this article as such subdivision existed prior to  the
    16  effective  date  of  this section solely based on the alleged failure on
    17  the part of a defendant to timely pay, and/or to appear on a court  date
    18  set for the sole purpose of payment of, a fine, restitution, reparation,
    19  surcharge,  DNA databank fee, crime victim assistance fee, sexual offen-
    20  der registration fee, and/or supplemental sex offender victim fee.  Such
    21  procedures  shall not require any affirmative actions on the part of any
    22  defendant subject to  any  such  warrant.    Such  procedures  shall  be
    23  designed  and implemented so as to accomplish the rescinding of all such
    24  warrants within six months of the effective date of this section.
    25    3. All sentences of incarceration imposed prior to the effective  date
    26  of  this  section  pursuant  to  the  provisions of subdivision three of
    27  section 420.10 of this article as such subdivision existed prior to  the
    28  effective  date  of  this section, subdivision five of section 420.10 of
    29  this article, or section 420.35 of this article as such section  existed
    30  prior  to the effective date of this section based solely on the alleged
    31  failure on the part of a defendant to timely pay, or timely appear on  a
    32  court  date  scheduled  for the purposes of payment of, a fine, restitu-
    33  tion, reparation, surcharge, DNA databank fee, crime  victim  assistance
    34  fee,  sexual  offender  registration  fee,  or supplemental sex offender
    35  victim fee are deemed to be null and void and any person serving such  a
    36  sentence shall be released from custody immediately.
    37    4. The office of court administration, in consultation with such other
    38  state  or municipal agencies as is necessary, shall establish procedures
    39  to formally rescind all sentences of incarceration imposed prior to  the
    40  effective date of this section pursuant to the provisions of subdivision
    41  three  of  section  420.10  of  this article as such subdivision existed
    42  prior to the effective date of this section or section  420.35  of  this
    43  article  as  such  section  existed  prior to the effective date of this
    44  section based solely on the alleged failure on the part of  a  defendant
    45  to  timely  pay a fine, restitution, reparation, surcharge, DNA databank
    46  fee, crime victim assistance fee, sexual offender registration  fee,  or
    47  supplemental sex offender victim fee.  Such procedures shall not require
    48  any affirmative actions on the part of any defendant subject to any such
    49  sentence.
    50    § 6. Subdivision 1 of section 430.20 of the criminal procedure law, as
    51  amended  by  chapter  788  of  the  laws  of 1971, is amended to read as
    52  follows:
    53    1. In general. When a sentence of imprisonment is pronounced, or [when
    54  th sentence consists of a fine and  the  court  has  directed  that  the
    55  defendant  be  imprisoned  until  it  is  satisfied,] the defendant must

        A. 2348--A                         12

     1  forthwith be committed to the custody of the appropriate public  servant
     2  and detained until the sentence is complied with.
     3    §  7. Subdivision 5 of section 430.20 of the criminal procedure law is
     4  REPEALED.
     5    § 8. This act shall take effect immediately.

     6                                   PART E

     7    Section 1. All unsatisfied civil judgments issued prior to the  effec-
     8  tive  date  of  this  act pursuant to the provisions of subdivision 5 of
     9  section 420.40 of the criminal procedure law solely based on the alleged
    10  failure on the part of a defendant to timely pay, and/or to appear on  a
    11  court date set for the sole purpose of payment of a surcharge, DNA data-
    12  bank fee, crime victim assistance fee, sexual offender registration fee,
    13  or  supplemental  sex offender victim fee are deemed to be null and void
    14  and, for all legal purposes, vacated and discharged.
    15    § 2. The office of court administration,  in  consultation  with  such
    16  other  state  or municipal agencies as necessary, shall establish proce-
    17  dures to formally vacate and discharge all unsatisfied  civil  judgments
    18  entered  prior  to  the  effective  date  of  this  act  pursuant to the
    19  provisions of subdivision 5 of the criminal procedure law section 420.40
    20  solely based on the alleged failure on the part of a defendant to timely
    21  pay, and/or to appear on a court  date  set  for  the  sole  purpose  of
    22  payment  of, a surcharge, DNA databank fee, crime victim assistance fee,
    23  sexual offender registration fee, or supplemental  sex  offender  victim
    24  fee.  Such  procedures  shall not require any affirmative actions on the
    25  part of any defendant subject to any such civil judgment.   Such  proce-
    26  dures  shall be designed and implemented so as to accomplish the vacatur
    27  and discharge of all such civil  judgments  within  six  months  of  the
    28  effective date of this act.
    29    §  3. Subdivision 3 of section 420.30 of the criminal procedure law is
    30  REPEALED.
    31    § 4. This act shall take effect immediately.

    32                                   PART F

    33    Section 1. Section 420.10 of the criminal procedure law is amended  by
    34  adding a new subdivision 9 to read as follows:
    35    9.  In  no  case shall a fine, restitution, or reparation be collected
    36  out of the funds of a person who is  presently  incarcerated,  including
    37  funds  earned  by  the  person  in  a work release program as defined in
    38  subdivision four of section one hundred fifty  of  the  correction  law,
    39  funds  earned by a person as provided for in section one hundred eighty-
    40  seven of the correction law, and any other funds received by the  person
    41  or  on  the person's behalf and deposited with the superintendent or the
    42  municipal official of the facility where the person is confined.
    43    § 2. Section 154 of the correction law, as added by chapter 788 of the
    44  laws of 1968, subdivision 4 as amended by section 3 of part F of chapter
    45  62 of the laws of 2003, is amended to read as follows:
    46    § 154. Disposition of Earnings. The earnings of a prisoner participat-
    47  ing in a work release program, less any payroll deductions  required  or
    48  authorized  by  law,  shall  be deposited with the department in a trust
    49  fund account. Such earnings  shall  not  be  subject  to  attachment  or
    50  garnishment  in the hands of the department. The commissioner is author-
    51  ized to provide for disbursements from the trust fund account for any or
    52  all of the following purposes:

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     1    1. Such costs incident to the prisoner's confinement  as  the  commis-
     2  sioner deems appropriate and reasonable.
     3    2.  Such  costs  related to the prisoner's work release program as the
     4  commissioner deems appropriate and reasonable.
     5    3. Support of the prisoner's dependents.
     6    [4. Payment of court fines, mandatory surcharge, sex  offender  regis-
     7  tration  fee,  DNA  databank  fee, restitution or reparation, or forfei-
     8  tures.]
     9    The balance of such earnings, if any, after disbursements for  any  of
    10  the foregoing purposes shall be paid to the prisoner upon termination of
    11  his imprisonment.
    12    § 3. This act shall take effect immediately.

    13                                   PART G

    14    Section  1.  All orders issued prior to the effective date of this act
    15  directing payment by a defendant of a surcharge, DNA databank fee, crime
    16  victim assistance fee, sexual offender  registration  fee,  supplemental
    17  sex offender victim fee, probation supervision fee or parole supervision
    18  fee  are  deemed  to be null and void and, such orders are for all legal
    19  purposes, vacated and discharged.  Pursuant to this section, any  exist-
    20  ing  encumbrances  on  commissary accounts or similar accounts held by a
    21  correctional facility, jail, or detention facility shall be  lifted  and
    22  deemed null and void.
    23    § 2. This act shall take effect immediately.
    24    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    25  sion,  section  or  part  of  this act shall be adjudged by any court of
    26  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    27  impair,  or  invalidate  the remainder thereof, but shall be confined in
    28  its operation to the clause, sentence, paragraph,  subdivision,  section
    29  or part thereof directly involved in the controversy in which such judg-
    30  ment shall have been rendered. It is hereby declared to be the intent of
    31  the  legislature  that  this  act  would  have been enacted even if such
    32  invalid provisions had not been included herein.
    33    § 4. This act shall take effect immediately  provided,  however,  that
    34  the  applicable effective date of Parts A through G of this act shall be
    35  as specifically set forth in the last section of such Parts.
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