Bill Text: NY A05269 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides for the return of fines, restitution and reparation payments and any interest thereon where a defendant is subsequently pardoned upon the ground of innocence or the conviction is reversed or vacated.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - referred to codes [A05269 Detail]

Download: New_York-2023-A05269-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5269--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced  by  M. of A. CUNNINGHAM, DILAN, GIBBS, HYNDMAN, WALKER, COOK
          -- 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 criminal procedure law, in relation to providing for
          the  return  of fines, restitution and reparation payments where there
          was an unjust conviction

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

     1    Section  1. Section 420.10 of the criminal procedure law is amended by
     2  adding a new subdivision 9 to read as follows:
     3    9. Effect of unjust conviction. (a) Where  a  court  requires  that  a
     4  fine, restitution or reparation be paid by a defendant, and such defend-
     5  ant  is  subsequently  (i)  pardoned upon the ground of innocence of the
     6  crime or crimes for which such defendant was sentenced and which are the
     7  grounds for the fine, restitution or reparation; or  (ii)  such  defend-
     8  ant's judgment of conviction was reversed or vacated, and the accusatory
     9  instrument dismissed or, if a new trial was ordered, either such defend-
    10  ant  was  found  not  guilty  at the new trial or such defendant was not
    11  retried and the  accusatory  instrument  dismissed;  provided  that  the
    12  judgement  of  conviction  was  reversed  or vacated, and the accusatory
    13  instrument was dismissed, on any of the following grounds: (1) paragraph
    14  (a), (b), (c), (e) or (g) of subdivision one of section 440.10  of  this
    15  part;  or  (2)  subdivision  one  (where based upon grounds set forth in
    16  clause one of this subparagraph), two, three (where the count  dismissed
    17  was  the  sole  basis  for  the  imprisonment  complained of) or five of
    18  section 470.20 of this part; or (3) comparable provisions of the  former
    19  code  of  criminal  procedure  or subsequent law; or (4) the statute, or
    20  application thereof,  on  which  the  accusatory  instrument  was  based
    21  violated the constitution of the United States or the state of New York;
    22  all  such  fines,  restitution  or reparations made by or collected from

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09586-02-3
        A. 5269--A                          2

     1  such defendant and any  interest  thereon  shall  be  returned  to  such
     2  defendant  within  ninety  days following the notice of adjudication for
     3  such pardon, reversal or vacation pursuant to subparagraphs (i) and (ii)
     4  of  this  paragraph;  provided,  however, that such court shall have the
     5  authority to lessen from such amount any debt owed by such defendant and
     6  shall apply this amount to any outstanding fines and/or  penalties  owed
     7  by  the  same  individual.  If payment is not made within ninety days, a
     8  penalty shall accrue at the same rate as that  imposed  for  failure  to
     9  make  timely  payment  of a fine, restitution or reparation and shall be
    10  paid by the state agency, court, prosecutor's   office,  or  restitution
    11  agency in possession of such fine, restitution or reparation.
    12    (b)  The  return of such moneys shall be accompanied by an accounting,
    13  including the method of accounting, for all such moneys, and including a
    14  record of any involved state agency,  court,  prosecutor's  office,  and
    15  restitution agency.
    16    § 2. This act shall take effect immediately.