Assembly Bill A7182

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

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Archive: Last Bill Status - Signed by Governor

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

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2013-A7182 (ACTIVE) - Details

See Senate Version of this Bill:
S4485
Law Section:
Penal Law
Laws Affected:
Amd §60.35, Pen L

2013-A7182 (ACTIVE) - Summary

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

2013-A7182 (ACTIVE) - Bill Text download pdf 

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

                                  7182

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2013
                               ___________

Introduced  by  M. of A. MOSLEY -- (at request of the State Comptroller)
  -- read once and referred 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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