Assembly Bill A10042

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

                                  10042

                          I N  A S S E M B L Y

                               May 6, 2016
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to the imposition of fines

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

  Section  1.  The penal law is amended by adding a new section 80.20 to
read as follows:
S 80.20 IMPOSITION OF A SENTENCE OF FINE.
  WHEN IMPOSING A FINE PURSUANT TO THIS ARTICLE, THE COURT SHALL CONSID-
ER THE EXPECTED COSTS TO THE STATE  OR  LOCALITY  OF  ANY  IMPRISONMENT,
POST-RELEASE   SUPERVISION  OR  PROBATION  COMPONENT  OF  A  DEFENDANT'S
SENTENCE. WHEN CONSIDERING SUCH COSTS, THE COURT SHALL ALSO CONSIDER:
  1. THE DEFENDANT'S INCOME, EARNING CAPACITY, AND FINANCIAL  RESOURCES;
AND
  2. THE BURDEN A FINE WILL IMPOSE UPON THE DEFENDANT, ANY PERSON WHO IS
FINANCIALLY DEPENDENT ON THE DEFENDANT, OR ANY OTHER PERSON (INCLUDING A
GOVERNMENT)  THAT  WOULD  BE  RESPONSIBLE  FOR THE WELFARE OF ANY PERSON
FINANCIALLY DEPENDENT ON THE DEFENDANT,  RELATIVE  TO  THE  BURDEN  THAT
ALTERNATIVE PUNISHMENTS WOULD IMPOSE.
  S  2.  This  act  shall  take  effect  immediately  and shall apply to
offenses committed on or after such effective date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14631-02-6