assembly Bill A2348B

2021-2022 Legislative Session

Eliminates court surcharges and fees; repealer

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Sponsored By

Current 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

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Sep 27, 2021 print number 2348b
Sep 27, 2021 amend (t) and recommit to codes
May 17, 2021 print number 2348a
May 17, 2021 amend (t) and recommit to codes
Jan 14, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

A2348 - Details

See Senate Version of this Bill:
S3979
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, 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

A2348 - 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; 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); 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).

A2348 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2348
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced by M. of A. NIOU, BARRON, SEAWRIGHT, SIMON, GOTTFRIED, STECK,
   DE LA ROSA,  FRONTUS  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

A2348A - Details

See Senate Version of this Bill:
S3979
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, 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

A2348A - 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; 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); 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).

A2348A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2348--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced by M. of A. NIOU, BARRON, SEAWRIGHT, SIMON, GOTTFRIED, STECK,
   DE LA ROSA,  FRONTUS,  EPSTEIN,  L. ROSENTHAL, BURGOS, FORREST, REYES,
   MAMDANI,  QUART,  CRUZ,  GONZALEZ-ROJAS,  AUBRY,   JACKSON,   BURDICK,
   GALLAGHER,  MITAYNES  --  read  once  and referred 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 correction law,
   the executive law, the vehicle and traffic law, the  village  law  and
   the  state  finance law, in relation to eliminating certain surcharges
   and fees; 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  restitu-
   tion;  to  amend the executive law, in relation to     eliminating the
   requirement that a person receiving a discharge of sentence be  finan-
   cially  able to comply with an order of restitution and the payment of
   certain surcharges or 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,  the  environmental
   conservation  law and the correction 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 indi-
   vidualized 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 fail-
   ure  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 judg-
   ments entered solely based on a  person's  failure  to  timely  pay  a
   surcharge  or  fee  and  to  repeal certain provisions of the criminal
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

A2348B (ACTIVE) - Details

See Senate Version of this Bill:
S3979
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, 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

A2348B (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; 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); 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).

A2348B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2348--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced by M. of A. NIOU, BARRON, SEAWRIGHT, SIMON, GOTTFRIED, STECK,
   DE LA ROSA,  FRONTUS,  EPSTEIN,  L. ROSENTHAL, BURGOS, FORREST, REYES,
   MAMDANI,  QUART,  CRUZ,  GONZALEZ-ROJAS,  AUBRY,   JACKSON,   BURDICK,
   GALLAGHER,  MITAYNES,  FERNANDEZ,  LAVINE,  KELLES  --  read  once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  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