assembly Bill A4183

2023-2024 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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2023 referred to codes

Co-Sponsors

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A4183 (ACTIVE) - Details

See Senate Version of this Bill:
S313
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, 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 Other Legislative Sessions:
2019-2020: A11083
2021-2022: A2348, S3979

A4183 (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).

A4183 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4183
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2023
                                ___________
 
 Introduced  by M. of A. BURGOS, REYES, SEAWRIGHT, SIMON, STECK, EPSTEIN,
   L. ROSENTHAL, FORREST, MAMDANI, CRUZ, GONZALEZ-ROJAS, AUBRY,  JACKSON,
   BURDICK,  GALLAGHER, MITAYNES, LAVINE, KELLES, SEPTIMO, RIVERA, MEEKS,
   WALKER, GIBBS, COOK, HEVESI -- read once and referred to the Committee
   on Codes

 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); and in relation  to  vacating  all
   existing unpaid surcharges, DNA databank fees, crime victim assistance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.