senate Bill S3457

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 Via A5045 - Signed by Governor


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (20)
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 22, 2020 substituted by a5045
Jul 21, 2020 ordered to third reading cal.768
reported and committed to rules
Jul 20, 2020 reported and committed to finance
Jan 08, 2020 referred to codes
returned to senate
died in assembly
Jun 19, 2019 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1682
committee discharged and committed to rules
Apr 08, 2019 reported and committed to finance
Feb 07, 2019 referred to codes

Votes

view votes

Jul 21, 2020 - Finance committee Vote

S3457
14
8
committee
14
Aye
8
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Jul 21, 2020 - Rules committee Vote

S3457
12
6
committee
12
Aye
6
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 19, 2019 - Rules committee Vote

S3457
12
6
committee
12
Aye
6
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Apr 8, 2019 - Codes committee Vote

S3457
8
1
committee
8
Aye
1
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Apr 8, 2019

nay (1)
aye wr (3)
excused (1)

Co-Sponsors

view additional co-sponsors

S3457 (ACTIVE) - Details

See Assembly Version of this Bill:
A5045
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:
S7917, A9786

S3457 (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.

S3457 (ACTIVE) - Sponsor Memo

S3457 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3457

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 7, 2019
                               ___________

Introduced  by  Sens.  MONTGOMERY,  BENJAMIN,  BRESLIN, JACKSON, PARKER,
  PERSAUD, RAMOS, SALAZAR, SANDERS, SEPULVEDA, THOMAS -- 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 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
defendant was not alleged to be loitering for the purpose of patronizing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.