senate Bill S3979C

2021-2022 Legislative Session

Eliminates court surcharges and fees; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 17, 2021 print number 3979c
Sep 17, 2021 amend (t) and recommit to codes
Aug 20, 2021 print number 3979b
Aug 20, 2021 amend and recommit to codes
May 12, 2021 print number 3979a
May 12, 2021 amend (t) and recommit to codes
Feb 01, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

S3979 - Details

See Assembly Version of this Bill:
A2348
Current Committee:
Senate 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, rpld & add §257-c, 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, rpld §201 sub 9, 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 2019-2020 Legislative Session:
A11083

S3979 - Summary

Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; and 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 A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B) (view more) 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); 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); and vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part G).

S3979 - Sponsor Memo

S3979 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3979
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens.  SALAZAR,  BENJAMIN,  BRISPORT,  HOYLMAN, JACKSON,
   MYRIE, PARKER, SEPULVEDA -- read twice and ordered printed,  and  when
   printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S3979A - Details

See Assembly Version of this Bill:
A2348
Current Committee:
Senate 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, rpld & add §257-c, 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, rpld §201 sub 9, 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 2019-2020 Legislative Session:
A11083

S3979A - Summary

Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; and 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 A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B) (view more) 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); 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); and vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part G).

S3979A - Sponsor Memo

S3979A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3979--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced by Sens. SALAZAR, BENJAMIN, BRISPORT, BROUK, COONEY, HOYLMAN,
   JACKSON,  KAVANAGH,  MYRIE,  PARKER,  RAMOS, RIVERA, SEPULVEDA -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Codes  --  committee  discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the civil practice law and rules, the executive law, the
   correction 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 correction law, the parks, recreation and histor-
   ic preservation law, the executive law and the environmental conserva-
   tion  law  relating  thereto  (Part A); to amend the penal law and the
   vehicle and traffic law, in relation to prohibiting 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 elimi-
   nating 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 incarcera-
   tion  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  relating  thereto
   (Part  E); to amend the criminal procedure law, in relation to prohib-
   iting 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S3979B - Details

See Assembly Version of this Bill:
A2348
Current Committee:
Senate 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, rpld & add §257-c, 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, rpld §201 sub 9, 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 2019-2020 Legislative Session:
A11083

S3979B - Summary

Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; and 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 A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B) (view more) 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); 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); and vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part G).

S3979B - Sponsor Memo

S3979B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3979--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by Sens. SALAZAR, BENJAMIN, BRISPORT, BROUK, COMRIE, COONEY,
   HOYLMAN, JACKSON, KAVANAGH, MYRIE, PARKER, RAMOS, RIVERA, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee on Codes -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the civil practice law and rules, the executive law, the
   correction  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 correction law, the parks, recreation and histor-
   ic preservation law, the executive law and the environmental conserva-
   tion law relating thereto (Part A); to amend the  penal  law  and  the
   vehicle  and traffic law, in relation to prohibiting 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  elimi-
   nating  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 incarcera-
   tion 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 relating thereto
   (Part E); to amend the criminal procedure law, in relation to  prohib-
   iting  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S3979C (ACTIVE) - Details

See Assembly Version of this Bill:
A2348
Current Committee:
Senate 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, rpld & add §257-c, 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, rpld §201 sub 9, 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 2019-2020 Legislative Session:
A11083

S3979C (ACTIVE) - Summary

Eliminates court surcharges and fees and probation and parole surcharges and fees; eliminates the requirement that a parolee or releasee receiving a merit termination of sentence be financially able to comply with an order of restitution; and 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 A); prohibits mandatory minimum fines for penal law and vehicle and traffic offenses (Part B) (view more) 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); 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); and vacates existing unpaid surcharges, DNA databank fees, crime victim assistance fees, sexual offender registration fees, supplemental sex offender victim fees, or probation or parole supervision fees; repeals certain provisions of law relating to restrictions on remitting such fees (Part G).

S3979C (ACTIVE) - Sponsor Memo

S3979C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3979--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens. SALAZAR, BRISPORT, BROUK, COMRIE, COONEY, HOYLMAN,
   JACKSON, KAVANAGH, MYRIE, PARKER, RAMOS,  RIVERA,  SEPULVEDA  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules, the executive law, the
   correction  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 correction law, the parks, recreation and histor-
   ic preservation law, the executive law and the environmental conserva-
   tion law relating thereto (Part A); to amend the  penal  law  and  the
   vehicle  and traffic law, in relation to prohibiting 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  elimi-
   nating  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 incarcera-
   tion 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 relating thereto
   (Part E); to amend the criminal procedure law, in relation to  prohib-
   iting  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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