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.