Bill Text: NY A05045 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to allowing a court to waive certain surcharges and fees; authorizes a court to waive certain surcharges and fees for a defendant under the age of 21 under certain circumstances.

Spectrum: Partisan Bill (Democrat 25-1)

Status: (Introduced) 2019-04-09 - reported referred to ways and means [A05045 Detail]

Download: New_York-2019-A05045-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5045
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by M. of A. DAVILA, AUBRY, GOTTFRIED, SIMON, BARRON, ARROYO,
          TAYLOR, LAVINE, ORTIZ, CAHILL, O'DONNELL, SEAWRIGHT, PICHARDO, MOSLEY,
          PERRY, RIVERA,  JAFFEE,  QUART,  DICKENS,  McDONOUGH,  BLAKE,  WALKER,
          WRIGHT -- Multi-Sponsored by -- M. of A. COOK, DE LA ROSA -- read once
          and referred to the Committee on Codes
        AN  ACT  to  amend the criminal procedure law, in relation to allowing a
          court to waive certain surcharges and  fees;  and  to  repeal  certain
          provisions of the penal law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 2 of section 420.35 of the  criminal  procedure
     2  law, as amended by chapter 189 of the laws of 2018, is amended and a new
     3  subdivision 2-a is added to read as follows:
     4    2. [Under] Except as provided in this subdivision or subdivision two-a
     5  of  this  section, under no circumstances shall the mandatory surcharge,
     6  sex offender registration fee, DNA databank  fee  or  the  crime  victim
     7  assistance  fee be waived [provided, however, that a court may waive the
     8  crime victim assistance fee if such defendant is an  eligible  youth  as
     9  defined  in  subdivision  two of section 720.10 of this chapter, and the
    10  imposition of such fee  would  work  an  unreasonable  hardship  on  the
    11  defendant,  his  or  her  immediate  family,  or any other person who is
    12  dependent on such defendant for financial support]. A court shall  waive
    13  any  mandatory  surcharge,  DNA databank fee and crime victim assistance
    14  fee when: (i) the defendant is convicted of loitering for the purpose of
    15  engaging in prostitution under section 240.37 of the penal law (provided
    16  that the defendant was not convicted of loitering  for  the  purpose  of
    17  patronizing  a person for prostitution); (ii) the defendant is convicted
    18  of prostitution under section 230.00 of the penal law; (iii) the defend-
    19  ant is convicted of a violation in the event such conviction is in  lieu
    20  of  a plea to or conviction for loitering for the purpose of engaging in
    21  prostitution under section 240.37 of the penal law  (provided  that  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06369-01-9

        A. 5045                             2
     1  defendant was not alleged to be loitering for the purpose of patronizing
     2  a  person  for prostitution) or prostitution under section 230.00 of the
     3  penal law; or (iv) the court finds that a defendant is a victim  of  sex
     4  trafficking  under  section 230.34 of the penal law or a victim of traf-
     5  ficking in persons under the trafficking victims protection act  (United
     6  States  Code,  Title  22,  Chapter  78); or (v) the court finds that the
     7  defendant is a victim of  sex  trafficking  of  a  child  under  section
     8  230.34-a of the penal law.
     9    2-a.  A court may waive any mandatory surcharge, additional surcharge,
    10  town or village surcharge, the crime victim assistance fee, DNA databank
    11  fee, sex offender registration  fee  and/or  supplemental  sex  offender
    12  victim  fee when the court finds that the defendant was under the age of
    13  twenty-one at the time the offense was committed and:
    14    (a) the imposition of such surcharge or fee would work an unreasonable
    15  hardship on the defendant, his or her immediate  family,  or  any  other
    16  person who is dependent on such defendant for financial support; or
    17    (b)  after considering the goal of promoting successful and productive
    18  reentry and reintegration as set forth in  subdivision  six  of  section
    19  1.05  of  the  penal  law, the imposition of such surcharge or fee would
    20  adversely impact the defendant's reintegration into society; or
    21    (c) the interests of justice.
    22    § 2. Subdivision 3 of section 420.30 of the criminal procedure law, as
    23  amended by section 5 of part F of chapter 56 of the  laws  of  2004,  is
    24  amended to read as follows:
    25    3.  Restrictions.  [In] Except as provided for in subdivision two-a of
    26  section 420.35 of this article, in no event shall a mandatory surcharge,
    27  sex offender registration fee, DNA databank fee or crime victim  assist-
    28  ance  fee  be  remitted  [provided,  however, that a court may waive the
    29  crime victim assistance fee if such defendant is an  eligible  youth  as
    30  defined  in  subdivision  two of section 720.10 of this chapter, and the
    31  imposition of such fee  would  work  an  unreasonable  hardship  on  the
    32  defendant,  his  or  her  immediate  family,  or any other person who is
    33  dependent on such defendant for financial support].
    34    § 3. Subdivision 10 of section 60.35 of the penal law is REPEALED.
    35    § 4. Subdivision 3 of section 60.02 of the penal law is REPEALED.
    36    § 5. This act shall take effect immediately.
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