NY State Senate Bill S7917

Archive: Last Bill Status - In Senate Committee Codes Committee

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2018	referred to codes

Co-Sponsors

S7917 (ACTIVE) - Details

See Assembly Version of this Bill:: A9786
Current Committee:: Senate Codes
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:: S3457, A5045

S7917 (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.

S7917 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7917

SPONSOR: HAMILTON
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would allow the court to waive certain surcharges and
fees when it is determined that the defendant is under 21 years of age
and demonstrates either that the fee would impose an undue hardship, it
prevents* successful reintegration, or that the interests of justice
require it.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the criminal procedure law to clarify
language in the existing statute that permits the court to waive fees

for certain types of offenses. This section also adds a new subdivision
2-a to permit the court to waive court fees and other surcharges where
the defendant is under 21 years of age and the court determines that
either the fee would cause undue hardship, it would interfere with
successful reentry, or the interests of justice require it.

Sections 2 and 3 of the bill repeal provisions relating to the imposi-
tion of fees for defendants declared youthful offenders.

Section 4 of the bill establishes an effective date.

 
JUSTIFICATION:

Courts often impose significant fees and fines on youth and their fami-
lies who have contact with the criminal justice system. These monetary
sanctions function to further exacerbate a families' financial distress
and can incentivize juveniles to engage in illegal behavior to earn
money. One report out of Alameda County, California recently determined
that it costs juveniles in their juvenile court system approximately two
thousand dollars per case.{11 Youth simply have no way to obtain money
to pay these costs and fines and the consequences of nonpayment are
devastating. Youth and their families who cannot pay court fees face a
myriad of penalties including:  criminal contempt, civil judgments that
follow them into adulthood, probation violations, additional fees, prop-
erty liens, and even more periods of incarceration. The disparate impact
of such practices is that youth in poverty face harsher consequence and
receive less rehabilitative treatment than their more affluent peers.

Certain jurisdictions have already taken steps to make their court
systems more equitable for juveniles. For example, the Alameda County
Court System repealed their policy of imposing fees for juveniles.{2} In
Washington State, the legislature passed the Year Act, which eliminated
juvenile diversion fees, juvenile court costs, collection fees, and
certain fines specific to juveniles.{3} New York must take similar steps
to encourage young people to rehabilitate and have successful reentry.
With the passage of Raise the Age last year, this legislature made
strides in enabling those youth who come in contact with the justice
system to become positive participants of society.  This legislation
would continue that aim by allowing a judge to waive court fees for a
juvenile upon considering certain factors.

 
PRIOR LEGISLATIVE HISTORY:

2017: A08673 (Aubry) Referred to Codes.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S7917 (ACTIVE) - Bill Text download pdf


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

                                  7917

                            I N  S E N A T E

                              March 9, 2018
                               ___________

Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
  printed to be committed 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
trafficking under section 230.34 of the penal law or a victim  of  traf-
ficking  in persons under the trafficking victims protection act (United
States Code, Title 22, Chapter 78).

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13407-05-8

S. 7917                             2

  2-A. A COURT MAY WAIVE ANY MANDATORY SURCHARGE, ADDITIONAL  SURCHARGE,
TOWN OR VILLAGE SURCHARGE, THE CRIME VICTIM ASSISTANCE FEE, DNA DATABANK
FEE,  SEX  OFFENDER  REGISTRATION  FEE  AND/OR SUPPLEMENTAL SEX OFFENDER
VICTIM FEE WHEN THE COURT FINDS THAT THE DEFENDANT WAS UNDER THE AGE  OF
TWENTY-ONE AT THE TIME THE OFFENSE WAS COMMITTED AND:
  (A) THE IMPOSITION OF SUCH SURCHARGE OR 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; OR
  (B) AFTER CONSIDERING THE GOAL OF PROMOTING SUCCESSFUL AND  PRODUCTIVE
REENTRY  AND  REINTEGRATION  AS  SET FORTH IN SUBDIVISION SIX OF SECTION
1.05 OF THE PENAL LAW, THE IMPOSITION OF SUCH  SURCHARGE  OR  FEE  WOULD
ADVERSELY IMPACT THE DEFENDANT'S REINTEGRATION INTO SOCIETY; OR
  (C) THE INTERESTS OF JUSTICE.
  § 2. Subdivision 3 of section 420.30 of the criminal procedure law, as
amended  by  section  5  of part F of chapter 56 of the laws of 2004, is
amended to read as follows:
  3. Restrictions. [In] EXCEPT AS PROVIDED FOR IN SUBDIVISION  TWO-A  OF
SECTION 420.35 OF THIS ARTICLE, IN no event shall a mandatory surcharge,
sex  offender registration fee, DNA databank fee or crime victim assist-
ance fee be remitted [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].
  § 3. Subdivision 10 of section 60.35 of the penal law is REPEALED.
  § 4. Subdivision 3 of section 60.02 of the penal law is REPEALED.
  § 5. This act shall take effect immediately.

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The New York State Senate

senate Bill S7917

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

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Co-Sponsors

S7917 (ACTIVE) - Details

S7917 (ACTIVE) - Summary

S7917 (ACTIVE) - Sponsor Memo

S7917 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7917

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Sponsored By

Jesse Hamilton

Archive: Last Bill Status - In Senate Committee Codes Committee

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Co-Sponsors

Luis R. Sepúlveda

S7917 (ACTIVE) - Details

S7917 (ACTIVE) - Summary

S7917 (ACTIVE) - Sponsor Memo

S7917 (ACTIVE) - Bill Text download pdf

Comments