S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5269--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M. of A. CUNNINGHAM, DILAN, GIBBS, HYNDMAN, WALKER, COOK
   -- 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 criminal procedure law, in relation to providing for
   the  return  of fines, restitution and reparation payments where there
   was an unjust conviction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 420.10 of the criminal procedure law is amended by
 adding a new subdivision 9 to read as follows:
   9. EFFECT OF UNJUST CONVICTION. (A) WHERE  A  COURT  REQUIRES  THAT  A
 FINE, RESTITUTION OR REPARATION BE PAID BY A DEFENDANT, AND SUCH DEFEND-
 ANT  IS  SUBSEQUENTLY  (I)  PARDONED UPON THE GROUND OF INNOCENCE OF THE
 CRIME OR CRIMES FOR WHICH SUCH DEFENDANT WAS SENTENCED AND WHICH ARE THE
 GROUNDS FOR THE FINE, RESTITUTION OR REPARATION; OR  (II)  SUCH  DEFEND-
 ANT'S JUDGMENT OF CONVICTION WAS REVERSED OR VACATED, AND THE ACCUSATORY
 INSTRUMENT DISMISSED OR, IF A NEW TRIAL WAS ORDERED, EITHER SUCH DEFEND-
 ANT  WAS  FOUND  NOT  GUILTY  AT THE NEW TRIAL OR SUCH DEFENDANT WAS NOT
 RETRIED AND THE  ACCUSATORY  INSTRUMENT  DISMISSED;  PROVIDED  THAT  THE
 JUDGEMENT  OF  CONVICTION  WAS  REVERSED  OR VACATED, AND THE ACCUSATORY
 INSTRUMENT WAS DISMISSED, ON ANY OF THE FOLLOWING GROUNDS: (1) PARAGRAPH
 (A), (B), (C), (E) OR (G) OF SUBDIVISION ONE OF SECTION 440.10  OF  THIS
 PART;  OR  (2)  SUBDIVISION  ONE  (WHERE BASED UPON GROUNDS SET FORTH IN
 CLAUSE ONE OF THIS SUBPARAGRAPH), TWO, THREE (WHERE THE COUNT  DISMISSED
 WAS  THE  SOLE  BASIS  FOR  THE  IMPRISONMENT  COMPLAINED OF) OR FIVE OF
 SECTION 470.20 OF THIS PART; OR (3) COMPARABLE PROVISIONS OF THE  FORMER
 CODE  OF  CRIMINAL  PROCEDURE  OR SUBSEQUENT LAW; OR (4) THE STATUTE, OR
 APPLICATION THEREOF,  ON  WHICH  THE  ACCUSATORY  INSTRUMENT  WAS  BASED
 VIOLATED THE CONSTITUTION OF THE UNITED STATES OR THE STATE OF NEW YORK;
 ALL  SUCH  FINES,  RESTITUTION  OR REPARATIONS MADE BY OR COLLECTED FROM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09586-02-3
              

 A. 5269--A                          2
 
 SUCH DEFENDANT AND ANY  INTEREST  THEREON  SHALL  BE  RETURNED  TO  SUCH
 DEFENDANT  WITHIN  NINETY  DAYS FOLLOWING THE NOTICE OF ADJUDICATION FOR
 SUCH PARDON, REVERSAL OR VACATION PURSUANT TO SUBPARAGRAPHS (I) AND (II)
 OF  THIS  PARAGRAPH;  PROVIDED,  HOWEVER, THAT SUCH COURT SHALL HAVE THE
 AUTHORITY TO LESSEN FROM SUCH AMOUNT ANY DEBT OWED BY SUCH DEFENDANT AND
 SHALL APPLY THIS AMOUNT TO ANY OUTSTANDING FINES AND/OR  PENALTIES  OWED
 BY  THE  SAME  INDIVIDUAL.  IF PAYMENT IS NOT MADE WITHIN NINETY DAYS, A
 PENALTY SHALL ACCRUE AT THE SAME RATE AS THAT  IMPOSED  FOR  FAILURE  TO
 MAKE  TIMELY  PAYMENT  OF A FINE, RESTITUTION OR REPARATION AND SHALL BE
 PAID BY THE STATE AGENCY, COURT, PROSECUTOR'S   OFFICE,  OR  RESTITUTION
 AGENCY IN POSSESSION OF SUCH FINE, RESTITUTION OR REPARATION.
   (B)  THE  RETURN OF SUCH MONEYS SHALL BE ACCOMPANIED BY AN ACCOUNTING,
 INCLUDING THE METHOD OF ACCOUNTING, FOR ALL SUCH MONEYS, AND INCLUDING A
 RECORD OF ANY INVOLVED STATE AGENCY,  COURT,  PROSECUTOR'S  OFFICE,  AND
 RESTITUTION AGENCY.
   § 2. This act shall take effect immediately.