Bill Text: NY A04361 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 4361 (Prior Session Legislation)

Introduced

Bill Title: Relates to the probation administration fee and probationers convicted of DWI.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2014-01-08 - referred to governmental operations [A04361 Detail]

Download: New_York-2013-A04361-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4361
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2013
                                      ___________
       Introduced  by  M. of A. BARCLAY, BLANKENBUSH, OAKS, TENNEY -- read once
         and referred to the Committee on Governmental Operations
       AN ACT to amend the executive law, in relation to the probation adminis-
         tration fee and to amend chapter 55 of the laws of 1992, amending  the
         tax  law  and other laws relating to taxes, surcharges, fees and fund-
         ing, in relation to extending the expiration of certain provisions  of
         such chapter
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision (aa) of section 427 of chapter 55 of  the  laws
    2  of  1992,  amending  the  tax  law  and  other  laws  relating to taxes,
    3  surcharges, fees and funding, as amended by section  11  of  part  A  of
    4  chapter 57 of the laws of 2011, is amended to read as follows:
    5    (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
    6  hundred eighty-three and three hundred eighty-four  of  this  act  shall
    7  expire on September 1, [2013] 2014;
    8    S  2. Subdivision 1 of section 257-c of the executive law, as added by
    9  chapter 55 of the laws of 1992, is amended to read as follows:
   10    1. Notwithstanding any other provision of law, every  county  and  the
   11  city  of New York, may adopt a local law requiring individuals currently
   12  serving or who  shall  be  sentenced  to  a  period  of  probation  upon
   13  conviction  of  any  crime  [under article thirty-one of the vehicle and
   14  traffic law] to pay to the local probation department with the responsi-
   15  bility of supervising the probationer an administrative  fee  of  thirty
   16  dollars  per  month.  The department shall waive all or part of such fee
   17  where, because of the indigence of the offender,  the  payment  of  said
   18  surcharge  would  work an unreasonable hardship on the person convicted,
   19  his or her immediate family, or any other person  who  is  dependent  on
   20  such person for financial support.
   21    S  3.  This  act shall take effect immediately provided, however, that
   22  section two of this act shall take effect on the one  hundred  twentieth
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04865-02-3
       A. 4361                             2
    1  day after it shall have become a law; provided, further, that the amend-
    2  ments  to  subdivision  1  of section 257-c of the executive law made by
    3  section two of this act shall not affect the expiration of such  section
    4  and  shall  be  deemed  to  expire therewith. Effective immediately, the
    5  addition, amendment and/or repeal of any rule  or  regulation  necessary
    6  for  the  implementation of this act on its effective date is authorized
    7  to be made on or before such date.