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This entry was published on 2020-08-28
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SECTION 420.30
Remission of fines, restitution or reparation
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE L, ARTICLE 420
§ 420.30 Remission of fines, restitution or reparation.

1. Applicability. The procedure specified in this section governs
remission of fines, restitution or reparation in all cases not covered
by subdivision four of section 420.10.

2. Procedure. (a) Any superior court which has imposed a fine,
restitution or reparation for any offense may, in its discretion, on
five days notice to the district attorney of the county in which such
fine, restitution or reparation was imposed and to each person otherwise
required to be given notice of restitution or reparation pursuant to
subdivision one of section 420.10, remit such fine, restitution or
reparation or any portion thereof. In case of a fine, restitution or
reparation imposed by a local criminal court for any offense, a superior
court holding a term in the county in which the fine, restitution or
reparation was imposed may, upon like notice, remit such fine,
restitution or reparation or any portion thereof.

(b) The court shall give each person given notice a reasonable
opportunity to be heard on the question of remitting an order of
restitution or reparation. If the court remits such restitution or
reparation, or any part thereof, the reasons therefor shall be placed
upon the record.

3. Restrictions. Except as provided for in subdivision two-a of
section 420.35 of this article, in no event shall a mandatory surcharge,
sex offender registration fee, DNA databank fee or crime victim
assistance fee be remitted.