assembly Bill A11083

2019-2020 Legislative Session

Eliminates court surcharges and fees; repealer

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Archive: Last Bill Status - In Assembly 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
Oct 07, 2020 referred to codes

Co-Sponsors

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A11083 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§60.02 & 80.05, add §80.20, rpld §60.35, Pen L; amd §§503, 235, 1203-g & 1800, add §1811, rpld §§1809 - 1809-e, V & T L; rpld §71-0213, En Con L; amd §1101, CPLR; amd §§259-i, 837-i & 259-j, rpld §837-j, Exec L; amd §27.12, rpld §27.12 sub 5, Pks & Rec L; amd §4-411, Vil L; amd §99-n, St Fin L; amd §§154 & 205, Cor L; amd §§420.10, 420.30 & 430.20, add §420.11, rpld §420.10 subs 3 & 4, §420.35, §430.20 sub 5, §420.30 sub 3, CP L
Versions Introduced in 2021-2022 Legislative Session:
A2348

A11083 (ACTIVE) - Summary

Eliminates court surcharges and fees (Part A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B); mandates that courts engage in an individualized assessment of a person's financial ability to pay a fine prior to imposing a fine (Part C); eliminates the availability of incarceration as a remedy for a failure to pay a fine, surcharge, or fee, lifts and vacates existing warrants issued solely on a person's failure to timely pay a fine, surcharge or fee and ends existing sentences of incarceration based on such failure (Part D) (view more) vacates existing unsatisfied civil judgments based on a person's failure to timely pay a surcharge, or fee (Part E); prohibits the collection of a fine, restitution or reparation from the funds of an incarcerated person; prohibits the payment of court fines, mandatory surcharges, certain fees, restitution, reparation or forfeitures from the earnings of prisoners (Part F); eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; eliminates the requirement that a person receiving a discharge of sentence be financially able to comply with an order of restitution and the payment of certain surcharges or fees (Part G); vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, or supplemental sex offender victim fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part H).

A11083 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11083
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Niou) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the civil practice law and rules, the executive law, the
   vehicle and traffic law, the village law and the state finance law, in
   relation to eliminating court  surcharges  and  fees;  and  to  repeal
   certain  provisions of the penal law, the vehicle and traffic law, the
   parks, recreation and historic preservation law, the executive law and
   the environmental conservation law relating thereto (Part A); to amend
   the penal law and the vehicle and traffic law, in relation to  prohib-
   iting  mandatory  minimum  fines for penal law and vehicle and traffic
   offenses (Part B); to amend the penal law and the vehicle and  traffic
   law,  in relation to mandating that courts engage in an individualized
   assessment of a person's financial ability to  pay  a  fine  prior  to
   imposing  a  fine  (Part  C);  to amend the criminal procedure law, in
   relation to eliminating the availability of incarceration as a  remedy
   for  a  failure  to pay a fine, surcharge or fee, lifting and vacating
   all existing warrants issued solely based on  a  person's  failure  to
   timely  pay a fine, surcharge or fee and ending all existing sentences
   of  incarceration  based  on  such  failure;  and  to  repeal  certain
   provisions of the criminal procedure law relating thereto (Part D); in
   relation  to vacating all existing unsatisfied civil judgments entered
   solely based on a person's failure to timely pay a  surcharge  or  fee
   and  to repeal certain provisions of the criminal procedure law relat-
   ing thereto (Part E); to amend the criminal procedure law, in relation
   to prohibiting the collection of a  fine,  restitution  or  reparation
   from  the funds of an incarcerated person; and to amend the correction
   law, in relation to prohibiting the payment of court fines,  mandatory
   surcharges,  certain fees, restitution, reparation or forfeitures from
   the earnings of prisoners (Part F); to amend the  correction  law,  in
   relation  to  eliminating  the  requirement that a parolee or releasee
   receiving a merit termination  of  sentence  be  financially  able  to
   comply  with  an order of restitution; and to amend the executive law,
   in relation to eliminating the requirement that a person  receiving  a
   discharge  of  sentence be financially able to comply with an order of
   restitution and the payment of certain surcharges or  fees  (Part  G);
   and  in relation to vacating all existing unpaid surcharges, DNA data-
   bank fees, crime victim assistance fees, sexual offender  registration