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This entry was published on 2021-12-24
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SECTION 1802
Receipts for fines or bail; installment payment plans
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 9, ARTICLE 45
§ 1802. Receipts for fines or bail; installment payment plans. 1.
Receipts for fines or bail. Upon receipt of the payment of any fine or
penalty collected under a sentence or judgment of conviction of a
violation of any of the provisions of this chapter or any local law,
ordinance, order, rule or regulation made by local authorities in
relation to traffic or the deposit of bail of a person charged with a
violation of any such provision, local law, ordinance, order, rule or
regulation, the officer or employee receiving such payment or deposit
shall issue a receipt therefor when the payment or deposit is made in
cash. Whenever any such payment or deposit is made by check, money order
or in other property, the officer or employee shall issue a receipt
therefor upon request; provided, however, no such receipt shall be
issued where a fine or penalty is paid by mail unless the name and
address of the payee is known to such officer or employee or enclosed
with the payment.

2. Installment payment plans. (a) Whenever fines, fees, and/or
surcharges are imposed upon a natural person upon a conviction of a
violation of any of the provisions of this chapter or any local law,
ordinance, order, rule or regulation made by local authorities in
relation to traffic, or whenever an order is entered pursuant to
subdivision three of section two hundred twenty-seven of this chapter,
such fines, fees, and/or surcharges may be paid in installments at no
charge to the natural person. The court or hearing officer shall offer
such persons the opportunity to enter into an installment payment plan
at any time, including after a conviction entered as a result of the
failure to appear in response to a summons or appearance ticket. Any
such installment payment plan shall be comprised of all fines, fees and
mandatory surcharges, including but not limited to those described in
subparagraph (i) of paragraph (j-1) of subdivision two of section five
hundred three, subdivision three of section five hundred fourteen and
paragraph a of subdivision four of section two hundred twenty-seven of
this chapter, and shall consist of monthly payments that do not exceed
two percent of such person's monthly net income or twenty-five dollars
per month, whichever is greater. For the purposes of this subdivision,
the term "net income" shall mean such person's total income from all
sources and assets, minus deductions required by law including but not
limited to administrative or court-ordered garnishments and support
payments. A court or hearing officer may require the submission of a
financial disclosure report, on a form prescribed by the commissioner,
from all persons who opt to enter into installment payment plans. A
court or hearing officer also may accept payments higher than the set
amount, but may not undertake additional collection activity so long as
the person meets his or her payment obligations under the installment
payment plan. A court or hearing officer may undertake additional
collection activity, but no sooner than ninety days after a person fails
to meet their payment obligation under the installment payment plan; a
court, hearing officer or the commissioner shall not suspend such
person's driver's license or privileges for failure to meet their
payment obligation under the installment payment plan. A court or
hearing officer may require persons entering installment payment plans
to appear periodically before such court or hearing officer to assess
their financial circumstances but no more frequently than annually and
may set a new payment amount if such person's financial circumstances
have changed. A person who enters into an installment payment plan and
experiences a reduction in income may petition the court or hearing
officer no more than two times in a calendar year to seek a reduction in
the monthly payment; provided, however, in the interests of justice, the
court or hearing officer may accept a reduction request from such person
at any time.

(b) The court or hearing officer shall have the discretion in the
interests of justice to reduce or waive the amount of any fine, fee or
mandatory surcharge assessed for a violation of any of the provisions of
this chapter or any local law, ordinance, order, rule or regulation made
by local authorities in relation to traffic.

(c) A person assessed a fine, fee and/or mandatory surcharge following
a conviction for a violation of any of the provisions of this chapter or
any local law, ordinance, order, rule or regulation made by local
authorities in relation to traffic, or the entering of an order pursuant
to subdivision three of section two hundred twenty-seven of this
chapter, shall be notified of their right to an installment payment plan
(a) at the time the summons is issued; (b) at the time of sentencing;
and (c) in any communication concerning imposition or collection of a
fine, fee or mandatory surcharge. Information about the availability of
installment payment plans shall be prominently posted, in a clear and
conspicuous manner: at each court and administrative tribunal and its
website, if any, and on the commissioner's website.