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Assembly Bill A2085

2017-2018 Legislative Session

Relates to the imposition of fines

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Archive: Last Bill Status - In Assembly Committee

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2017-A2085 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §80.20, Pen L
Versions Introduced in 2015-2016 Legislative Session:
A10042

2017-A2085 (ACTIVE) - Summary

Relates to the imposition of fines; requires the court to consider the cost to the state or locality of any imprisonment, post-release supervision or probation component of a defendant's sentence when imposing a fine under the penal law.

2017-A2085 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2085
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 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:
 § 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.
   §  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.
                                                            LBD05808-01-7

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