senate Bill S4485

Signed By Governor
2013-2014 Legislative Session

Provides for the refund of certain mandatory surcharges and fees to be made by the department, agency or court that collected such surcharge or fee

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7182 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 18, 2013 signed chap.525
Dec 06, 2013 delivered to governor
Jun 12, 2013 returned to assembly
passed senate
3rd reading cal.1159
substituted for s4485
Jun 12, 2013 substituted by a7182
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
Jun 05, 2013 1st report cal.1159
Apr 03, 2013 referred to codes

S4485 - Details

See Assembly Version of this Bill:
A7182
Law Section:
Penal Law
Laws Affected:
Amd ยง60.35, Pen L

S4485 - Summary

Provides for the refund of certain mandatory surcharges and fees to be made by the department, agency or court that collected such surcharge or fee.

S4485 - Sponsor Memo

S4485 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4485

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- (at request of the State Comptroller) --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Codes

AN  ACT  to  amend  the  penal law, in relation to the refund of certain
  mandatory surcharges and fees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 60.35 of the penal law, as amended
by  section 1 of part E of chapter 56 of the laws of 2004, is amended to
read as follows:
  4. Any person who has paid a mandatory surcharge, sex offender  regis-
tration  fee,  DNA  databank  fee,  a  crime  victim assistance fee or a
supplemental sex offender victim fee under the authority of this section
based upon a conviction that is subsequently  reversed  or  who  paid  a
mandatory  surcharge, sex offender registration fee, DNA databank fee, a
crime victim assistance fee or  supplemental  sex  offender  victim  fee
under  the  authority of this section which is ultimately determined not
to be required by this section shall be entitled to  a  refund  of  such
mandatory  surcharge,  sex  offender registration fee, DNA databank fee,
crime victim assistance fee or supplemental sex offender victim fee upon
application, IN THE CASE OF A TOWN OR VILLAGE COURT, to the state  comp-
troller.  The state comptroller shall require such proof as is necessary
in order to determine whether a refund is required by law.  IN ALL OTHER
CASES, SUCH APPLICATION SHALL BE MADE TO THE DEPARTMENT, AGENCY OR COURT
THAT  COLLECTED  SUCH SURCHARGE OR FEE. SUCH DEPARTMENT, AGENCY OR COURT
SHALL INITIATE THE REFUND PROCESS AND THE STATE  COMPTROLLER  SHALL  PAY
THE REFUND PURSUANT TO SUBDIVISION FIFTEEN OF SECTION EIGHT OF THE STATE
FINANCE LAW.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08145-02-3

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