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Assembly Bill A4212

2019-2020 Legislative Session

Allows a court to waive certain surcharges and fees; repealer

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Archive: Last Bill Status - In Assembly Committee

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2019-A4212 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Rpld & add §420.35 sub 2, CP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5096
2011-2012: A4437
2013-2014: A3383
2015-2016: A3833
2017-2018: A3697

2019-A4212 (ACTIVE) - Summary

Allows a court to waive certain surcharges and fees if such court finds the imposition of such surcharge or fee would work an unreasonable hardship or the imposition of such surcharge or fee would adversely impact the defendant's reintegration into society.

2019-A4212 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4212
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 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 such 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 law is REPEALED and a new subdivision 2 is added to read as follows:
   2. 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:
   (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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08095-01-9

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