senate Bill S7917

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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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

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

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