assembly Bill A5045

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 24, 2020 signed chap.144
Aug 12, 2020 delivered to governor
Jul 22, 2020 returned to assembly
passed senate
3rd reading cal.768
substituted for s3457
Jul 20, 2020 referred to rules
delivered to senate
passed assembly
Jan 08, 2020 ordered to third reading cal.192
Jun 11, 2019 ordered to third reading rules cal.132
rules report cal.132
reported
Jun 06, 2019 reported referred to rules
Apr 09, 2019 reported referred to ways and means
Feb 07, 2019 referred to codes

Co-Sponsors

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Multi-Sponsors

A5045 (ACTIVE) - Details

See Senate Version of this Bill:
S3457
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 2017-2018 Legislative Session:
A9786, S7917

A5045 (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.

A5045 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5045
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by M. of A. DAVILA, AUBRY, GOTTFRIED, SIMON, BARRON, ARROYO,
   TAYLOR, LAVINE, ORTIZ, CAHILL, O'DONNELL, SEAWRIGHT, PICHARDO, MOSLEY,
   PERRY, RIVERA,  JAFFEE,  QUART,  DICKENS,  McDONOUGH,  BLAKE,  WALKER,
   WRIGHT -- Multi-Sponsored by -- M. of A. COOK, DE LA ROSA -- 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 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 189 of the laws of 2018, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.