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Assembly Bill A8673B

2017-2018 Legislative Session

Relates to allowing a court to waive certain surcharges and fees; repealer

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Bill Amendments

2017-A8673 - Details

See Assembly Version of this Bill:
A9786
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§420.35 & 420.30, CP L; rpld §60.35 sub 10, §60.02 sub 3, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A5045

2017-A8673 - Summary

Relates to allowing a court to waive certain surcharges and fees; authorizes a court to waive certain surcharges and fees for a defendant under the age of 21 under certain circumstances.

2017-A8673 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8673
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  allowing  a
   court  to  waive  certain  surcharges  and fees; and to repeal certain
   provisions of the penal law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 420.35 of the criminal procedure
 law, as amended by chapter 426 of the laws of 2015, is amended and a new
 subdivision 2-a is added to read as follows:
   2. [Under] EXCEPT AS PROVIDED IN THIS SUBDIVISION OR SUBDIVISION TWO-A
 OF THIS SECTION, UNDER no circumstances shall the  mandatory  surcharge,
 sex  offender  registration  fee,  DNA  databank fee or the crime victim
 assistance fee be waived [provided, however, that a court may waive  the
 crime  victim  assistance  fee if such defendant is an eligible youth as
 defined in subdivision two of section 720.10 of this  chapter,  and  the
 imposition  of  such  fee  would  work  an  unreasonable hardship on the
 defendant, his or her immediate family,  or  any  other  person  who  is
 dependent  on such defendant for financial support]. A court shall waive
 any mandatory surcharge, DNA databank fee and  crime  victim  assistance
 fee when: (i) the defendant is convicted of loitering for the purpose of
 engaging in prostitution under section 240.37 of the penal law (provided
 that  the  defendant  was  not convicted of loitering for the purpose of
 patronizing a person for prostitution); (ii) the defendant is  convicted
 of prostitution under section 230.00 of the penal law; (iii) the defend-
 ant  is convicted of a violation in the event such conviction is in lieu
 of a plea to or conviction for loitering for the purpose of engaging  in
 prostitution  under  section  240.37 of the penal law (provided that the
 defendant was not alleged to be loitering for the purpose of patronizing
 a person for prostitution) or prostitution under section 230.00  of  the
 penal  law;  or (iv) the court finds that a defendant is a victim of sex
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2017-A8673A - Details

See Assembly Version of this Bill:
A9786
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§420.35 & 420.30, CP L; rpld §60.35 sub 10, §60.02 sub 3, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A5045

2017-A8673A - Summary

Relates to allowing a court to waive certain surcharges and fees; authorizes a court to waive certain surcharges and fees for a defendant under the age of 21 under certain circumstances.

2017-A8673A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8673--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes -- recommitted to the Committee on Codes in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the criminal procedure law, in relation to allowing a
   court to waive certain surcharges and  fees;  and  to  repeal  certain
   provisions of the penal law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 420.35 of the  criminal  procedure
 law, as amended by chapter 426 of the laws of 2015, is amended and a new
 subdivision 2-a is added to read as follows:
   2. [Under] EXCEPT AS PROVIDED IN THIS SUBDIVISION OR SUBDIVISION TWO-A
 OF  THIS  SECTION, UNDER no circumstances shall the mandatory surcharge,
 sex offender registration fee, DNA databank  fee  or  the  crime  victim
 assistance  fee be waived [provided, however, that a court may waive the
 crime victim assistance fee if such defendant is an  eligible  youth  as
 defined  in  subdivision  two of section 720.10 of this chapter, and the
 imposition of such fee  would  work  an  unreasonable  hardship  on  the
 defendant,  his  or  her  immediate  family,  or any other person who is
 dependent on such defendant for financial support]. A court shall  waive
 any  mandatory  surcharge,  DNA databank fee and crime victim assistance
 fee when: (i) the defendant is convicted of loitering for the purpose of
 engaging in prostitution under section 240.37 of the penal law (provided
 that the defendant was not convicted of loitering  for  the  purpose  of
 patronizing  a person for prostitution); (ii) the defendant is convicted
 of prostitution under section 230.00 of the penal law; (iii) the defend-
 ant is convicted of a violation in the event such conviction is in  lieu
 of  a plea to or conviction for loitering for the purpose of engaging in
 prostitution under section 240.37 of the penal law  (provided  that  the
 defendant was not alleged to be loitering for the purpose of patronizing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2017-A8673B (ACTIVE) - Details

See Assembly Version of this Bill:
A9786
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§420.35 & 420.30, CP L; rpld §60.35 sub 10, §60.02 sub 3, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A5045

2017-A8673B (ACTIVE) - Summary

Relates to allowing a court to waive certain surcharges and fees; authorizes a court to waive certain surcharges and fees for a defendant under the age of 21 under certain circumstances.

2017-A8673B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8673--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Codes -- recommitted to the Committee on Codes in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the criminal procedure law, in relation to allowing a
   court to waive certain surcharges and  fees;  and  to  repeal  certain
   provisions of the penal law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 420.35 of the  criminal  procedure
 law, as amended by chapter 426 of the laws of 2015, is amended and a new
 subdivision 2-a is added to read as follows:
   2. [Under] EXCEPT AS PROVIDED IN THIS SUBDIVISION OR SUBDIVISION TWO-A
 OF  THIS  SECTION, UNDER no circumstances shall the mandatory surcharge,
 sex offender registration fee, DNA databank  fee  or  the  crime  victim
 assistance  fee be waived [provided, however, that a court may waive the
 crime victim assistance fee if such defendant is an  eligible  youth  as
 defined  in  subdivision  two of section 720.10 of this chapter, and the
 imposition of such fee  would  work  an  unreasonable  hardship  on  the
 defendant,  his  or  her  immediate  family,  or any other person who is
 dependent on such defendant for financial support]. A court shall  waive
 any  mandatory  surcharge,  DNA databank fee and crime victim assistance
 fee when: (i) the defendant is convicted of loitering for the purpose of
 engaging in prostitution under section 240.37 of the penal law (provided
 that the defendant was not convicted of loitering  for  the  purpose  of
 patronizing  a person for prostitution); (ii) the defendant is convicted
 of prostitution under section 230.00 of the penal law; (iii) the defend-
 ant is convicted of a violation in the event such conviction is in  lieu
 of  a plea to or conviction for loitering for the purpose of engaging in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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