Bill Text: NY A08812 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires the court to waive any mandatory surcharge and crime victim assistance fee when it is found that the defendant is a victim of sex trafficking.

Spectrum: Moderate Partisan Bill (Democrat 29-9)

Status: (Introduced - Dead) 2014-06-19 - substituted by s6803 [A08812 Detail]

Download: New_York-2013-A08812-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8812
                                 I N  A S S E M B L Y
                                   February 14, 2014
                                      ___________
       Introduced by M. of A. PAULIN, DINOWITZ, COOK, MOSLEY, LUPARDO, SCARBOR-
         OUGH,  JAFFEE,  TITONE, CLARK, GUNTHER, MARKEY, GALEF, SCHIMEL, ROBIN-
         SON, JACOBS, ENGLEBRIGHT, OTIS, COLTON,  ZEBROWSKI,  BRONSON,  CROUCH,
         CURRAN,  DIPIETRO,  GOODELL, LUPINACCI, McDONOUGH, RAIA -- Multi-Spon-
         sored by -- M.  of  A.  ABBATE,  BARCLAY,  BRINDISI,  DUPREY,  HIKIND,
         RIVERA, THIELE -- read once and referred to the Committee on Codes
       AN  ACT  to  amend  the  criminal  procedure law, in relation to waiving
         certain fees for victims of sex trafficking
         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 section 6 of part F of chapter  56  of  the  laws  of
    3  2004, is amended to read as follows:
    4    2.  Under no circumstances shall the mandatory surcharge, sex offender
    5  registration fee, DNA databank fee or the crime victim assistance fee be
    6  waived provided, however, that  a  court  may  waive  the  crime  victim
    7  assistance  fee  if  such  defendant  is an eligible youth as defined in
    8  subdivision two of section 720.10 of this chapter, and the imposition of
    9  such fee would work an unreasonable hardship on the  defendant,  his  or
   10  her  immediate  family,  or  any  other  person who is dependent on such
   11  defendant for financial support.   A COURT  SHALL  WAIVE  ANY  MANDATORY
   12  SURCHARGE  AND  CRIME  VICTIM ASSISTANCE FEE WHEN THE COURT FINDS THAT A
   13  DEFENDANT IS A VICTIM OF SEX TRAFFICKING UNDER  SECTION  230.34  OF  THE
   14  PENAL  LAW  OR  A VICTIM OF TRAFFICKING IN PERSONS UNDER THE TRAFFICKING
   15  VICTIMS PROTECTION ACT (UNITED STATES CODE, TITLE 22, CHAPTER 78).
   16    S 2. This act  shall  take  effect  immediately  and  shall  apply  to
   17  convictions  on  or  after such effective date as well as to charges for
   18  such offenses pending on such effective date for which sentence had  not
   19  yet been imposed.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13781-01-4