Assembly Bill A5704

2017-2018 Legislative Session

Increases from 5% to 15% the restitution collection agency designated surcharge

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • 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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2017-A5704 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §60.27, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6240
2011-2012: A6631
2013-2014: A4796
2015-2016: A4775

2017-A5704 (ACTIVE) - Summary

Increases from 5 percent to 15 percent of the restitution or reparation ordered to be paid by a criminal defendant, the surcharge imposed upon such restitution for payment to a restitution collection agency.

2017-A5704 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5704
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2017
                                ___________
 
 Introduced  by  M.  of A. CURRAN, FINCH -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to increasing the restitution
   collection agency designated surcharge
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 8 of section 60.27 of the penal law, as amended
 by chapter 363 of the laws of 1991, is amended to read as follows:
   8.  The  court  shall  in all cases where restitution or reparation is
 imposed direct as part of the  disposition  that  the  defendant  pay  a
 designated surcharge of [five] FIFTEEN percent of the entire amount of a
 restitution or reparation payment to the official or organization desig-
 nated  pursuant  to  subdivision eight of section 420.10 of the criminal
 procedure law. The designated surcharge shall not exceed [five]  FIFTEEN
 percent  of the amount actually collected. Upon the filing of an affida-
 vit of the official or organization designated pursuant  to  subdivision
 eight of section 420.10 of the criminal procedure law demonstrating that
 the  actual  cost of the collection and administration of restitution or
 reparation in a particular case exceeds [five] FIFTEEN  percent  of  the
 entire  amount  of  the payment or the amount actually collected, as the
 case may be, the court shall direct that the defendant pay an additional
 surcharge of not more than five percent of the entire amount of a resti-
 tution or reparation payment to such official or  organization,  or  the
 actual  cost  of collection or administration, whichever is less unless,
 upon application of the defendant, the court determines that  imposition
 of  such  additional surcharge would cause undue hardship to the defend-
 ant, or any other person who is financially supported by the  defendant,
 or  would  otherwise  not be in the interest of justice. Such additional
 surcharge, when added to the initial [five] FIFTEEN  percent  surcharge,
 shall not exceed [ten] THIRTY percent of the amount actually collected.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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