Bill Text: NY A08673 | 2017-2018 | General Assembly | Amended

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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 1-0)

Status: (Introduced - Dead) 2018-02-08 - enacting clause stricken [A08673 Detail]

Download: New_York-2017-A08673-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8673--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                   September 25, 2017
                                       ___________
        Introduced  by M. of A. AUBRY -- read once and referred to the Committee
          on Codes -- recommitted to the Committee on Codes in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended and recommitted to said committee
        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 426 of the laws of 2015, 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13407-04-8
        A. 8673--B                          2
     1  prostitution under section 240.37 of the penal law  (provided  that  the
     2  defendant was not alleged to be loitering for the purpose of patronizing
     3  a  person  for prostitution) or prostitution under section 230.00 of the
     4  penal  law;  or (iv) the court finds that a defendant is a victim of sex
     5  trafficking under section 230.34 of the penal law or a victim  of  traf-
     6  ficking  in persons under the trafficking victims protection act (United
     7  States Code, Title 22, Chapter 78).
     8    2-a. A court may waive any mandatory surcharge, additional  surcharge,
     9  town or village surcharge, the crime victim assistance fee, DNA databank
    10  fee,  sex  offender  registration  fee  and/or supplemental sex offender
    11  victim fee when the court finds that the defendant was under the age  of
    12  twenty-one at the time the offense was committed and:
    13    (a) the imposition of such surcharge or fee would work an unreasonable
    14  hardship  on  the  defendant,  his or her immediate family, or any other
    15  person who is dependent on such defendant for financial support; or
    16    (b) after considering the goal of promoting successful and  productive
    17  reentry  and  reintegration  as  set forth in subdivision six of section
    18  1.05 of the penal law, the imposition of such  surcharge  or  fee  would
    19  adversely impact the defendant's reintegration into society; or
    20    (c) the interests of justice.
    21    § 2. Subdivision 3 of section 420.30 of the criminal procedure law, as
    22  amended  by  section  5  of part F of chapter 56 of the laws of 2004, is
    23  amended to read as follows:
    24    3. Restrictions. [In] Except as provided for in subdivision  two-a  of
    25  section 420.35 of this article, in no event shall a mandatory surcharge,
    26  sex  offender registration fee, DNA databank fee or crime victim assist-
    27  ance fee be remitted [provided, however, that  a  court  may  waive  the
    28  crime  victim  assistance  fee if such defendant is an eligible youth as
    29  defined in subdivision two of section 720.10 of this  chapter,  and  the
    30  imposition  of  such  fee  would  work  an  unreasonable hardship on the
    31  defendant, his or her immediate family,  or  any  other  person  who  is
    32  dependent on such defendant for financial support].
    33    § 3. Subdivision 10 of section 60.35 of the penal law is REPEALED.
    34    § 4. Subdivision 3 of section 60.02 of the penal law is REPEALED.
    35    § 5. This act shall take effect immediately.